United Medical Management Ltd. v. Gatto

In United Medical Management Ltd. v. Gatto (1996) 49 Cal.App.4th 1732, a foreign corporation brought an action for breach of contract without meeting certain requirements of Corporations Code section 2203. Two months later, the defendant filed a motion to dismiss the complaint, based upon a certificate from the Secretary of State. The complaint was dismissed without prejudice and the corporation subsequently filed a second complaint after filing a certificate of compliance. (Id. at p. 1739.) The defendant again filed a motion to dismiss, contending the corporation still had not filed proper documentation. The trial court granted the second motion to dismiss, which was affirmed on appeal.