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“A summons may be served on a domestic or foreign corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy of the summons and complaint to a person who is a trustee of the corporation and of its stockholders or members. [Code Civ. Proc., § 416.20, subd. (a); see also North American Asbestos Corp. v. Superior Court, 128 Cal. App. 3d 138, 179 Cal. Rptr. 889 (1st Dist. 1982) (service of summons on trustee of dissolved corporation was in accordance with requirements of Code Civ. Proc., § 416.20)]

Dissolved corporations and corporations that have forfeited their charters also may be served in any manner specified in Code Civ. Proc. § 413.10. [Judicial Council Comment to Code Civ. Proc., § 416.20] A domestic corporation that has been suspended by the Secretary of State for failure to file appropriate tax returns, and has no designated agent for service of process, but continues to operate as an ongoing business during the period of suspension, may be validly served pursuant to Code Civ. Proc. § 416.10 as well as Code Civ. Proc. § 416.20, and service may be made on the manager of a regional office. [Gibble v. Car-Lene Research, Inc., 67 Cal. App. 4th 295, 78, 78 Cal. Rptr. 2d 892 (1st Dist. 1998)]

In addition, dissolved corporations and corporations that have forfeited their charters may be served in any manner specified in, and on persons authorized by, any provision of Corp. Code §§ 2011 or 2114. [Code Civ. Proc., § 416.20, subd. (b); for discussion of service under Corp. Code, § 2114 where foreign corporation has withdrawn, surrendered or forfeited right to transact intrastate business]

In the case of a dissolved domestic corporation, service may be made by delivering a copy of the process to an officer, director or person having charge of its assets, or, if none of those persons can be found with due diligence, any agent upon whom process might have been served at the time of dissolution. If none of these persons can be found with due diligence and that is shown by affidavit to the satisfaction of the court, then the court may make an order that the process be served upon the dissolved corporation by hand delivering a copy, together with a copy of the order, to the Secretary of State or an assistant or deputy Secretary. Service is deemed complete on the tenth day after delivery of the process to the Secretary. [Corp. Code, § 2011, subd. (b); see also Corp. Code, § 2011, subd. (c) (service of process in quiet title actions)]

The Secretary then gives notice of the service to the corporation pursuant to the procedure provided by Corp. Code § 1702. [Corp. Code, § 2011, subd. (d); see also Gov. Code, § 12197, subd. (c) (fee for acceptance of copies of process against corporation)]”

[California Civil Practice Business Litigation [certain citations omitted]]

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Post Author: lawofficesofjamesrdickinson