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GAR-LO, INC. v. PRUDENTIAL SAV. & LOAN ASSN.

Docket No. 44676.

41 Cal.App.3d 242 (1974)

116 Cal. Rptr. 389

GAR-LO, INC., Plaintiff and Appellant, v. PRUDENTIAL SAVINGS AND LOAN ASSOCIATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

August 21, 1974.

Attorney(s) appearing for the Case

COUNSEL

Gelfan, Malamed, Susman & Benjamin for Plaintiff and Appellant.

Meyers, Stevens & Walters for Defendant and Respondent.

OPINION

FILES, P.J.

This is a motion to dismiss an appeal upon the ground that the appellant is a corporation whose powers were suspended on or before July 1, 1969, pursuant to Revenue and Taxation Code section 23301, by reason of its failure to pay franchise taxes. A certificate of the Secretary of State is attached to the notice of motion, constituting prima facie proof of the suspension. (Rev. & Tax. Code, § 23302.)

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