Legal Question in Construction Law in California

Had a painting business for 25 years stoped doing work about 3 years ago closed the corporation 1 year ago received a law suit in the mail for 18 homes that we did the job had a wrap insurance policy the general contractor wants us to pay 25000 dollars that is what the deductible was since the corporation is closed down was wondering what to do thanks troy


Asked on 6/26/12, 8:30 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, once sued, you need to file and serve a response (usually, an answer) within 30 days, or face default. However, a suit against a corporation that legally no longer exists because it has been dissolved will face tough sledding in court. Giving you an answer that is both safe and legally responsible would require additional information, including (a) whether only the corporation is named as a defendant, or whether the suit names you (or others) as additional defendants; and (b) whether you "closed" the corporation by following the prescribed procedures that cause it to cease to exist under the Secretary of State's rules, or merely shut it down without official action. Please feel free to contact me with a few more details (at no obligation) but by all means don't fail to respond to a lawsuit filed against a legally viable corporation.

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Answered on 6/27/12, 9:19 pm


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