Q: Attorneys filed lawsuit in CA while Forfeited by CA FTB and SOS 2015. Defendant filed demurr noticing California standin

Need help to raise motion to vacate court rulings and defaults upon defendants while under California FTB and SOS Forfeiture

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: When an entity has been forfeited by the California Franchise Tax Board (FTB) and the Secretary of State (SOS), it typically lacks the capacity to sue or defend in court. If an entity files a lawsuit during the period of its forfeiture, such actions may be deemed void or voidable. If you're representing a defendant who was sued by a forfeited entity, you can raise a defense challenging the plaintiff's capacity to bring the suit.

To vacate court rulings or defaults stemming from such a lawsuit, you'd file a motion in the trial court asserting the plaintiff's lack of capacity due to the forfeiture. Supporting evidence, such as the forfeiture documents from the FTB and SOS, should be attached.

Ensure that you timely bring this motion, as procedural deadlines may apply. If successful, the court may vacate judgments or orders and potentially dismiss the suit. Always review the specific facts and nuances of your case to determine the best strategy.

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