Court Rules An LLC To Be An Unincorporated Association, But Is That Correct?

Cal. Serv. Emples. Health & Welfare Trust Fund v. Greenbox Servs. LLC, 2021 U.S. Dist. LEXIS 93477 involved a plaintiff's attempt to serve a limited liability company. After thrice failing to serve personally the LLC's agent for service of process,...

Court Holds That Corporation Need Not Verify Its Answer

Section 446 of the California Code of Civil Procedure concerns the verification of pleadings.  Subdivision (a) provides that an answer to a complaint generally must be verified in either of two following circumstances:

What Is The Plural Of Mandamus?

Here in California, the writ of mandamus may be referred to as a “writ of mandate”. Cal. Code Civ. Proc. § 1084. In general, California recognizes two types of mandate proceedings – “ordinary mandate” and “administrative mandate”. Both types of...

Officers Of Foreign Corporations And The California Courts

Yesterday's post concerned Section 2116 of the California Corporations Code.  Courts sometimes describe Section 2116 as codifying the internal affairs doctrine.  See, e.g., Vaughn v. LJ Internat., Inc., 174 Cal. App. 4th 213, 223 (2009) and Voss v....

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