Legal Question in Civil Litigation in California

Suspended CA corporation suing in small claims court

We are being sued in CA small claims court by a corporation. The small claims suit was filed 8/14/08 & has not yet been heard in court.

We recently discovered that this corporation, which is suing us for breach of contract, was suspended by the CA Secretary of State in May, 2008.

Since this company’s corporation status was suspended 3 months prior to their small claims filing against us, can we ask the case to be dismissed on the grounds that their corporation status has been suspended by the CA Secretary of State’s office?

If so, what is the exact law which states that so we can quote it in small claims court?

Also, since at this point we only have a copy off of our computer of the CA Secretary of State Business Portal page showing that this corporation is currently suspended (but not showing the suspension date which we found out from a phone call to the Secretary of State’s office), would this be sufficient as proof in the more informal atmosphere of a small claims court? Unfortunately, getting an “official” certified copy of this information from the Secretary of State’s office could possibly take 4-6 weeks & there may not be enough time to obtain it prior to trial. Thank you.


Asked on 12/07/08, 3:10 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Suspended CA corporation suing in small claims court

Yes.

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Answered on 12/07/08, 9:11 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Suspended CA corporation suing in small claims court

Not only can't a suspended corporation sue you, anybody who shows up in court and purports to speak on behalf of the corporation is committing a crime! Your uncertified web page printout ought to be good enough for the judge. As for the exact law, look it up in Rutter Group Cal. Civil Procedure Before Trial or www.leginfo.ca.gov.. Good luck!

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Answered on 12/07/08, 3:37 pm


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