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TexLaw
TexLaw, Attorney
Category: Business Law
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Experience:  Internationational Commercial Attorney
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Plaintiff in civil case in ca is about to file a document (Notice)

Resolved Question:

Plaintiff in civil case in ca is about to file a document (Notice) with the court re. case:
1) can plaintiff file first the docs in court window and serve copies of filed docs to the other parties involved (which is a long list) later after filing and then go back to courthouse to file the POS?
2) and is their a deadline to file the POS with the court once docs are filed?
Submitted: 1 year ago.
Category: Business Law
Expert:  TexLaw replied 1 year ago.

Hi,

Thank you for your question.

The proper method is to certify service on the same day that you file with the court. However, this cannot always be accomplished for various reasons. Thus, there is a way that you can do what you are proposing, but I would like to know a little bit more before I explain. Can you tell me why you want to wait until after you have filed the notice to serve the document on the other parties?

Customer: replied 1 year ago.


Because the parties to be notified is numerous and need to find out all the parties involved, and the doc to be filed needs to be filed w/ court immediately.

Customer: replied 1 year ago.


because the parties to be ntified is numerous and need to find all their addresses, maybe the next 2 days will manage to find address of everyone and doc to be filed needs to be filed immediately.

Expert:  TexLaw replied 1 year ago.

Sorry, I have one more question.

What exactly are you filing with the court?

Customer: replied 1 year ago.

" Notice of state tax lien/limited purpose revivor" it is from the ca franchise tax board that gives active status to corporation so as to properly litigate or defend itself in court (bec. corporations have to be in active status w/ their licenses to opoerate)

Expert:  TexLaw replied 1 year ago.

Hi,

Thanks for your response. The rules regarding service in California can sometimes be different depending on what is being filed. I'm going to do some research and I will respond back to you with an answer. Please be patient and I will get back to you soon.

Thanks,

ZDN

Expert:  TexLaw replied 1 year ago.

Hi,

These notices are not effective until they are served on all the parties. In other words, you must serve all the necessary parties before the Revivor will be held to be effective by the FTB. There is not particular statement in the regulations regarding your scenario, which means that this goes to the default rule. The default rule requires that service be pursued with reasonable diligence and be achieved within a reasonable time (generally 10 days after filing). If service is not achieved, then you need to file the POS and explain why service was not achieved for the parties on which it has not been achieved.

Please let me know if you have any further questions.

-ZDN

Customer: replied 1 year ago.

In other words I can file it with the court today, but I have to serve all the parties within 10 days, is that correct?

Expert:  TexLaw replied 1 year ago.
Yes and the Revivor will not occur until you actually serve the parties as required.
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4164
Experience: Internationational Commercial Attorney
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