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Corporate

Sep. 19, 2012

Restricting the capacity to sue of improperly registered companies

California cannot afford to allow companies -- foreign or domestic -- to cheat the state out of money while reaping the benefits of its legal system. As the saying goes, "You have to pay to play." By Mark Wagner of Wagner Legal Group


By Mark Wagner


In California, all persons and companies (e.g., corporations and LLCs) can sue and defend lawsuits brought in any court in California. This right to be able to sue and defend against a lawsuit is generally referred to as having the "capacity" to sue (which is different than having standing to sue). As always, there are exceptions to the rules. Among the various exceptions to the lack of capacity to sue or defend against a lawsuit include ...

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