Foreign Corporations Filing Actions In California May Be Required To Post Bonds When Domestic Corporations Are Not
Posted on September 05, 2024

Under Section 1030 of the California Code of Civil Procedure, a defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be...

Court Rules An LLC To Be An Unincorporated Association, But Is That Correct?
Posted on June 11, 2021

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
Posted on October 22, 2020

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?
Posted on August 21, 2020

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
Posted on May 23, 2017

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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