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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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I would like to know if the STATUTE OF LIMITATION has time

Customer Question

I would like to know if the STATUTE OF LIMITATION has time barred a request to the court to order the reinstatement of a LLC, that was canceled on JANUARY 24, 2008 (canceled over five years ago) by all its members/managers named on all the state required Statement of Information documents since it was originally formed.

Note; The person’s behind the canceled LLC Petitioner, are person’s attempting to use the name of the cancelled LLC to still a valuable parcel of real estate. the canceled LLC, is the Petitioner alleging that the “Certificate of Cancelation” contains factual representations which are materially false, and the submission of that document to the Secretary of State for filing was and is fraudulent.

Government Code Section 12261 provides in pertinent part as follows:
“The Secretary of State shall reinstate to active status on its records a business entity for which the court finds any of the following
(a) The factual representations, document that are required for the termination document are materially false.
(b) The submission of the termination document to the Secretary of State for filing is fraudulent…”

Again I would like to know if the statute of limitation has time barred the court from ordering the reinstatement of the cancelled LLC, that is not in good standing with the Franchise Tax Board and is alleging it was fraudgently canceled, which it wasn’t.
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

According to California Code of Civil Procedure section 338(d) the statute of limitations on issues involving fraud or mistake is three years. The cause of action in such as case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

BizIPEsq. :

So generally the question that is asked is when the matter was discovered as being fraudulent and then three years added to it.

BizIPEsq. :

Thank you for allowing me to assist you

Customer:

They new the LLC was canceled in Feburary 2008. so what do we do next.

Customer:

Good II need to ask you another question pertaining to the same issue

Customer:

Are you their to talk

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
BizIPEsq. and 7 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

 


I was in civil court on 1-6-2013 (Note; I am not a party to the case) I was there to talk to the Judge, because she was hearing a case that morning that alleged that I had committed a fraudulent act by canceling a LLC over 5-years ago.


 


I refuted everything that the plaintiff was alleging that I did that was fradulent. The Judge said the plaintiff did not mention any of what I told the court. And the Judge said that what I just told the court has put a whole different light on the case, She said that she clearly heard everthing that I said, but the judge said what I said before her in writing in order to act on it. I ask the judge how do I become a party to the case ? and the Judge said I needed to be a INTERVEOR.


 


My question is; what do I do to become a party to the case as a INTERVEOR ?

Expert:  BizIPEsq. replied 1 year ago.
Thank you for the follow up.

Under the terms of JA this question should be posted as a new question. in the heading please indicate "For BIZIPESQ" and I will be happy to assist you!
Customer: replied 1 year ago.


what do you want me to do know? I am trying to ask you a new question

Expert:  BizIPEsq. replied 1 year ago.
You need to ask it by starting a new question on Just Answer and ask for me. Looking forward.

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