Articles Of Incorporation Doom Representational Standing
The Short Term Rental Alliance of San Diego is an advocacy and education organization whose members include landlords and hosts with at least one single-family short-term rental property located in the “San Diego Coastal Overlay.”   It is a nonprofit...
The Fact That Plaintiff Does Not Exist Does Not Deprive Court Of Jurisdiction To Allow Curative Amendment

I play the five string banjo, but not well at all.  Steve Martin plays the banjo very well and he also writes songs for the banjo.  One of those songs, Daddy Played The Banjo, ends with these lines:

This "Defunct" Delaware Corporation Remains A  California Citizen

Diversity jurisdiction of the federal courts requires complete diversity of citizenship. 28 U.S.C. § 1332. If a party is a corporation, then it becomes necessary to determine the location of the corporation's citizenship. In a recent decision,...

Court Finds No Substantial Federal Issue Engendered By Claim Of California Option Plan Exemption

The United States federal courts are courts of limited jurisdiction.  Therefore, it is not always possible to make a "federal case" out of claim, even when issues of federal law may be involved. 

Secretary Of State Filing Does Not Create Citizenship

Corporations do not enjoy all the rights of citizenship, but in some cases a corporation's citizenship can be important.  For example, the diversity jurisdiction of the federal courts depends upon establishing two facts.  First, that the amount in...

Court Rules Website Is "Equivalent" To Physical Store In California

While there may be a myriad of differences between a physical store and a website, a California Court of Appeal ruled yesterday that corporeal is the equivalent of the incorporeal, at least when it comes to jurisdiction.  

LLC Member Missing In Regulatory Filings May Be A Member Nonetheless

Adam Beeman claimed to be a member in Legacy Insurance Solutions, LLC, a California limited liability company. In support of his claim to membership, he submitted two operating agreements identifying himself as a member. The defendants disputed his...

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....