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If two parties are named in a contract that are suppose to…

If two parties are named...
If two parties are named in a contract that are suppose to both be Calif. LLC's, and the two parties are to perform certain stipulation in the contract but one of the two parties named in the contract does not exist. Would this be a non-enforceable contract? and what does Contract Law say about this contract ?
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1/19/2018
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 11,935
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It would depend on whether the mistake was mutual, which it presumably was otherwise neither party would have agreed to the contract;

here is the civil code:

1577.

Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in:

1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or,

2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1577.&lawCode=CIV

1580.

Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter on Interpretation, they are to be deemed so to agree without regard to the fact.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1580.&lawCode=CIV

The CA jury instructions explain this would be an affirmative defense to a contract:

https://www.justia.com/trials-litigation/docs/caci/300/330.html

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legalg
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Customer reply replied 1 month ago
am I under standing both the parties must exists for the contract to exists?
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