Q: On whom complaint has to be served in such case?
When hospice is sued for fraud. Hospice in corporation INC. CEO is listed, but also incorporated owners of the hospice. On whom complaint has to be served?
A:
Under California law, when a corporation is sued, the complaint must be served on the corporation itself, rather than on individual officers, directors, or shareholders. This is typically done by serving the complaint on the corporation's registered agent for service of process, which is usually designated in the corporation's articles of incorporation or other filings with the California Secretary of State.
In the specific case you mentioned, where a hospice corporation is being sued for fraud, the complaint should be served on the corporation's registered agent. If the corporation does not have a registered agent or if the registered agent cannot be located, the complaint can be served on the California Secretary of State, who will then forward the complaint to the corporation.
It is important to note that serving the complaint on the CEO or individual owners of the hospice corporation may not be sufficient to properly commence the lawsuit against the corporation. The plaintiff must ensure that the corporation is properly served in accordance with California law.
However, if the lawsuit also names individual officers, directors, or owners as defendants in their personal capacities (e.g., for their individual roles in the alleged fraud), then those individuals must also be served with the complaint separately from the corporation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
