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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-07/000.00 Summons and Complaint / 6-07/510.00 Corporation

6-07/510.10 Forfeited or Dissolved (Defunct) Corporations


6-07/510.00 Corporation
6-07/510.20 Foreign Corporation or Company

Where a corporation has forfeited its charter or right to do business in California or has dissolved, a summons may be served on it by delivering a copy to one of the persons who have become the trustees of the corporation and of its stockholders or members. (CCP 416.20) 

Notice of the capacity in which a person is served on behalf of a defendant forfeited or dissolved corporation must appear on the copy of the summons that is served. No default in a case may be taken against any corporation or against such person individually, as the case may be, unless the certificate of service of the summons recites that such notice appeared on the copy of the summons. 

If no person having charge of the assets of a dissolved corporation can be found with due diligence, the court may order that the process, together with a copy of the order, be delivered to the Secretary of State or an assistant or deputy.  (CORP 1702)

Before a summons against such a forfeited or dissolved corporation is assigned out for service, the “Notice to the Person Served” at the bottom of the summons shall be completed by (1) inserting the name of the defendant corporation after the words “on behalf of,” (2) checking the box “CCP 416.20 (Defunct Corporation)” and, (3) when applicable, checking “as an individual defendant.”  This shall be done on the copy of the summons that is left with the defendant.  If the summons is served using the substitute method, both copies of the summons shall be completed in this manner.

 

When completing the Proof of Service, be sure to include all information regarding the person served and the manner of such service.   EXAMPLE:  “Serve Ace Distributing Company, a defunct corporation, by serving Tom Jones, Trustee of Ace Distributing Company, a corporation.”  Contact is made with Tom Jones.  The Proof of Service should state the party served: Ace Distributing Company, a corporation.   Tom Jones, Trustee, on behalf of Ace Distributing Company, a corporation.  The address of the service must appear on the Proof of Service.  You must indicate the manner of service as personal (CCP 415.10).

 

If the service is made by substitution (CCP 415.20), you must include the name and title or relationship.  The party must be informed of the general nature of the process.  The name of the responsible party per CCP 416.10 must still be indicated.  A copy of the Summons and Complaint must be mailed to the Party served.  Service by substitution must show attempts (diligence).  Dates and times of all previous attempts of service declaration of diligence must documented on the Proof of Service.  The declaration of diligence will be on an attached page.