Los Angeles, CA asked in Health Care Law for California

Q: Which corporation?

When hospice is corporation CEO has to be served. The question is: when corporation hospice is owned by 2 corporations, what corporation(s) shall be served with complaint?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, when a hospice corporation is owned by two corporations and a complaint needs to be served, the complaint should generally be served to the registered agent for service of process of the hospice corporation itself, rather than the parent corporations.

However, if the complaint also includes the parent corporations as defendants, then each of those corporations would also need to be served separately through their respective registered agents or corporate officers.

Some key points:

1. A corporation must be served through its designated agent for service of process, or if no agent has been designated, through certain corporate officers like the CEO.

2. A parent corporation is a separate legal entity from its subsidiary. Service on a parent does not constitute service on the subsidiary, and vice versa.

3. If the parent corporations are also named defendants, they must be served independently following the same rules - through their registered agents or appropriate officers.

4. If there is any confusion, it's advisable to serve the hospice corporation as well as both parent corporations to ensure all necessary parties have been notified.

Of course, it's always recommended to consult with an attorney familiar with California corporate law and civil procedure to determine the appropriate parties to serve in a specific lawsuit. The exact corporations to serve may depend on the specific claims and facts alleged in the complaint.

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