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?
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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.
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