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bad address for agent for service

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mtpockets

Member
What is the name of your state (only U.S. law)? California



The address of the agent for service is a vacant apartment. The defendant is a corporation with a business that is open and operating. How can I serve this defendant?What is the name of your state (only U.S. law)?
 


latigo

Senior Member
“A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods:

(a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code . . .

(b) To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process.


* * * “
(California Code of Civil Procedure Section 416.10.)

(Note the absence of any requirement that you "contact the Secretary of State".)
__________

But assuming that that you have filed in Superior court and struggling at this simple juncture in the lawsuit, what are your expectations of success when the rules and road ahead really get fuzzy?
 

sandyclaus

Senior Member
(Note the absence of any requirement that you "contact the Secretary of State".)
I think the purpose of doing that is to inform the proper authority (Secretary of State) that the corporation is using an invalid or outdated address for it's agent for service. Of course it wouldn't be necessary to do this in order to serve another officer or other person authorized to receive service on behalf of the corporation.
 

CourtClerk

Senior Member
(Note the absence of any requirement that you "contact the Secretary of State".)
Did you get up on the wrong side of the bed and hit your head again? Where did you see ANYWHERE that there was a REQUIREMENT to contact the Secretary of State?

The purpose of contacting the SOS office is to notify them of the issues with the agent's information, as corporations are REQUIRED (there's that word since you like it) to keep that information CURRENT.
 
you sure you got the right address for reg. agent?

An apt bldg? Never seen it. Anyway do service on the treaurer. Maybe you'll get lucky and they toss it in the garbage & you get a default judgment.
 

latigo

Senior Member
Did you get up on the wrong side of the bed and hit your head again? Where did you see ANYWHERE that there was a REQUIREMENT to contact the Secretary of State?
Before your petulant snit over an imagined assault upon your ego results in an aneurysm you might wish to learn the imperative meaning of the English noun “need” as in:

Serve an officer of the corporation...
and you need to contact the Secretary of State.
“need, n. - “That which is necessary to be done.”

(Webster’s New International Dictionary of the English Language - Unabridged page 1636)
________________

"need n. Need, necessity, exigency may all denote either a state or condition requiring something as essential or indispensable or the thing required.

Need implies, pressure and urgency arising either from external causes or forces.”

Analogous: “demand, require, . . .


(Merriam-Webster’s Dictionary of Synonyms - A Dictionary of Discriminate Synonyms with Antonyms and Analogous and Contrasted Words - page 558)
________________

“Need n. “Circumstances requiring some course of action; necessity . . .
Syn. “necessity, requirement, requisite, demand . . . . “

(The Oxford Dictionary and Thesaurus - page 997)


the purpose of contacting the SOS office is to notify them of the issues with the agent's information, as corporations are . . . to keep that information CURRENT.
Well that is fine.

If the OP chooses to help the Secretary of State monitor compliance with California’s Corporations Code and assist that office in keeping their records CURRENT, then I suppose he has that prerogative.

Although I don’t see much value in it. Nor do I see the Secretary of State’s office spending the rescources to verify the contents of the thousands of annual corportion reports. The state is already insolvent.

But his "contacting" that office does not have a blessed thing to do with obtaining service of process upon his corporate defendant, which is literally what your instructions told him he needed to do.

Fini
 

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