Free Motion to Dismiss - District Court of Connecticut - Connecticut

l _` TTT ' ";_;TmY · ““_; `*“‘“**_ .
i _é _ Case 3:00-cv-00835-CFD Document 31 1 Filed 12/O4/2003 |g§g;g"l*)<`§E%g""\'(\&*$¥Y\t$Z> I
fil l rr I
` UNITED STATES DISTRICT COURT ~· I
I DISTRICT OF CONNECTICUT
I _ _ ZHUJ are -t, A qi 3i I
U3 Diff; l".'·’j:""[` CUUr{··
”.' 3** L E`} ` {
will I l- ORD (girl
INDYMAC BANK, F.S.B. \
Plaintiff CIVIL ACTION NO.
3:00CV835 (CFD)
V_ U ..
MOSTAFA REYAD AND WAFA REYAD
Defendants H
DATE: DECEMBER 3, 2003 A V
l
DEFENDANT MOSTAF A REYAIYS MOTION TO DISMISS I
Defendant Mostafa Reyad hereby respectiiilly moves this Court to Dismiss Plaintiffs
Entire Complaint. Plaintiff lacks capacity to sue; pursuant to Fed.R.Civ.P.Rule 12(b)(6);
and pursuant to the authority of United Medical Mana cment Ltd. V. Gatto (1996) 49
Cal. App. 4th 1732, [57 Cal. Rptr. 2d 600]; (Once a nonqualiiied foreign corporation
commences an action regarding intrastate business, the defendant may assert by
demurrer or as an affirmative defense in the answer the lack ofcapacitv to maintain an
action arising out of intrastate business) [@.1740. g
In the instant action, Plaintiff shielded his identity for more than three and half years,
even after this Court’s Order to Plaintiff to tile the articles of incorporation of Warehouse
Lending Corporation of America, and IndyMac Mortgage Holdings, Inc.; Plaintiff filed
an-A-E-V·__rvr __, ·- . a- ·•·——-·· z ; ;-, " ¤#*1-·¤H~ - - — I ·* ’- ; ·"'•\ »-ve.- ..: -' -‘¢' ' I ’ £4»q.»--qs -§·- "'
-

"* “ Case 3:00-cv-00835-CFD Document 311 Filed 12/O4/2003 Page 2 of 4 {
only that articles recorded with the Department of Corporations, of the State of Delaware;
and failed to file the certificates recorded with California Secretary of State, Defendant’s I
motion in limine, requests that Plaintiff to disclose California documents maintained with
Secretary of State. Plaintiff responds "the parties will therefore put on their respective
evidence concerning this issue at the trial on the merits". Defendant carried that burden i
and obtained on November 24, 2003, the certificates of qualification maintained with
California Secretary of State. i
IndyMac corporations are Delaware corporations; they are foreign corporations pursuant _ I
to California law. California Secretary of State authorizes foreign corporation to transact {
business by obtaining a certificate of qualification. Any foreign corporation obtained a ,
`
certificate of qualification agrees, that, it will transact business under an assumed name
disclosed to the Secretary of State, and will use such name in all of its dealings with the
Secretary of State and in the conduct of its affairs.
The documents provided in this motion and its memorandum, show without any
reasonable doubt, that, Plaintiff violated the agreement with California Secretary of State, a
and used relinquished name, and did not use the assumed name, which Plaintiff agreed to H
use. Upon this violation, Plaintiff cannot maintain an action. California law strike out all
or any part of any pleading not drawn or tiled in conformity with its laws. Plaintiff used I
name(s) not authorized by California Secretary of State lacks capacity to sue, and upon
that discovery, Defendant should tile a dernurrer, i.e. motion to dismiss. I
2 E
______, rrgr

a ._ C Case 3:00-cv-00835-CFD Document 311 Filed 12/O4/2003 Page 3 of 4 \|
~ l
l CONCLUSION
l
I Defendant met his burden, and provided evidence supported by legal authority to Dismiss `
Plaintiff s Entire Complaint; Plaintiff lacks capacity to sue. The Honorable Court should
Grant this Motion, and Dismiss Plaintiffs Entire Complaint.

_ I I I Case 0:00-cvAO-0835—CFD0 Document 31t Filed 12/O4/2003 Page 4 of 4 I {
t `Z '
i
A »
The Defendant `
Mostafa Reyad _ I
A E
Mostafa Reyad
2077 Center Avenue # 22D y
Fort Lee, NJ 07024 ;
Day Phone # 203-325-4100 W
Home ram # 201-sas-0562 y
\
l
CERTIFICATION
i
The Undersigned certifies that he mailed a true and correct copy of this Motion to A
Attorney David Schaefer 271 Whitney Avenue, New Haven, CT 06511 and Wafa Reyad
at 2077 Center Avenue # 22D, Fort Lee, NJ 07024. I
Mostafa Reyad I
/1 i
* 4
; 7
t
’ t

A t
i t
}___ _. .