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I learned that a " LLC " that sued me has forfeited their charter with the CA " SOS " office ? Can I get it dismissed ?

Cerritos, CA |

I went to the CA " SOS " website today and learned that a " LLC " which sued me has a " FORFEITED " status . Can I get the lawsuit dismissed either with prejudice or without prejudice . I think the " LLC " has also forfeited their right to appear in court . Thank You . CA lawyers please

Attorney Answers 2


You can demurrer and/or file a plea in abatement to their lack of standing, but that might not be a good long term strategy if they can just resurrect their LLC or re-file on behalf of their principals.

Your best bet is to hire a lawyer.Litigation isn't a DIY job and cant; be learned on the fly.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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Your post does not indicate the current status of the litigation. Have you filed an Answer yet? If not, you can file a Demurrer on the grounds of lack of capacity to sue. If yes, you can file a Motion for Judgment on the Pleadings for the same basic reason.

This is not a permanent fix because the court can stay the litigation and allow the LLC sufficient time to revive itself if it so elects.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Robert Jan Suhajda

Robert Jan Suhajda


The case was in small claims appeal when the forfeiture occurred. Can I get a Dismissal with prejudice. The judge is tired of the case.

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