An LLC Is Not A Corporation (Again)

Professor Joshua Fershee continues to chide courts for "careless language related to limited liability companies (LLCs)".  His post on the Business Law Prof Blog notes and quotes a ruling from the Northern District of Illinois - Clayborn v. Walter Inv. Mgmt. Corp., 2019 U.S. Dist. LEXIS 34707. 

Recently, I came across another ruling from the same district that also conflates corporations and LLCs:

"In support of its operation of law argument, TheBrain LP cites California Corporations Code section 17707.05. Section 17707.05 states that when a corporation becomes dissolved, any assets that remain after creditors have been paid "shall be distributed among the members according to their respective rights." See Cal. Corp. Code, § 17707.05."

Thebrain Techs. LP v. Anylogic N. Am., LLC, 2019 U.S. Dist. LEXIS 33692.  California lawyers should recognize that Section 17707.05 concerns the dissolution of an LLC, not a corporation, under California's Revised Uniform Limited Liability Company Act.