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In California, if a corporation is a "surrender" how can you serve and sue the corporation?

Huntington Beach, CA |

A corporation to be sued is listed as a " surrender " on the Secretary of State's website . ( But let me be clear : I do know the ex - Ce O's name . I also looked up all I could on the INTERNET and he is now a " managing partner " in another business , but not the CEO . That new business he manages has an agent for service of process , and that agent may be a " doe " in the lawsuit I filed . ) First , can the " surrendered " corporation even be sued ? And if not the corporation , can the ex - CEO be sued ? But can I even get this ex - CEO served via the agent for service of process at the new corp . he " manages ? " Or does the process server need to personally serve ? Maybe substitute service ? Should I first try requesting a waiver by FRAPPÉ Rule d ? Or would that just make him harder to serve ? Any advice / opinions welcome

(The automatic spell check messed up the text of the question. "FRAPPE Rule d" is supposed to read "FRCP 4d".) Anyway, it seems if we can get up to his office, we can "substitute" serve him. But the "surrendered" corporation -- how do I serve that? Seems it cannot be served! Is that the way it is? What if there is fraud or other unjust matters involved? Can the corporate identity -- even the surrendered corporate identity -- be disregarded?

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Filed under: Business
Attorney answers 2

Best Answer

I think you may have to ask the court for permission to serve on secretary of state instead?

That's all I've got.

Good luck with suing and collecting against an out of biz corp...


The Certificate of Surrender (link below) requires that the corporation (a) agree that process may be served upon the Secretary of State and (b) provide an address to which copies of the process may be mailed.

This information does not constitute legal advice and does not establish an attorney-client relationship.