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Ely, Follow up Questions: To file a writ of mandamus, is a…

Ely,Follow up Questions: To file a...
Ely,Follow up Questions:
To file a writ of mandamus, is a separate lawsuit required in addition to the writ?2) Can we choose tthe jurisdiction anywhere in Ca?3) Can an individual file a lawsuit against a 501c3 corporation?4) The public should also have standing to file a lawsuit since the 501c3 corp is a public BENEFIT corporation5) with the writ, is it possible to also file a lis pends be filed on the real property of the treasurer?Thank you
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3/20/2018
Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 103,583
Experience: Counselor at Law.
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Hello and thank you for requesting me. My apologies that I did not respond sooner, as I was offline. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

1) Writ of Mandamus is available to shareholders of a corporation (profit or nonprofit) to see financial/other information from the entity. If you are not a shareholder, then the writ does not apply in your scenario and you have the option of a "standard" lawsuit... assuming that you have standing to file it.

2) The jurisdiction is in the county where the corporate entity's official address is located, or, where it does most of its business.

3) Yes, an individual can file a suit against the 501c3, of course. But one has to have standing to file. In other words, the ability to claim damage/injury and sue for relief. For example, if you are just a parishioner, I am afraid that someone in your situation does not have the ability to file a suit in such a case. But if you are a director, officer, or another individual in the corporate structure - you may. It all really depends on the facts, of which I have little so I have to "fill in" some blanks here with assumptions.

4) "The public should also have standing to file a lawsuit since the 501c3 corp is a public BENEFIT corporation." Yes, but not in all cases. For a breakdown, see HERE. This also helps to fill in the "standing" issue addressed in #3.

5) No. A lis pendens is only available if the case is about the real estate property to which the lis pendens applies.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 103,583
Experience: Counselor at Law.
Verified
Ely and 87 other Business Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you.
There is no office location for service of process. Will a certified letter to the last known address suffice ( the church property was sold . Last day of attendance was about 3 weeks ago

You are most welcome. If it is an incorporated non-profit, it has to have a registered address. Check HERE.

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Customer reply replied 4 months ago
I understand but our board is uninformed. There is no address currently for our corporation during business hours as required.

Okay. Then the jurisdiction would be in the county of where the board meets or where the nonprofit does its function mostly.

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Customer reply replied 4 months ago
Thank you much for the info.. I may have one or two more tomorrow if you are available...

You are most welcome. I am afraid my schedule is unpredictable at the moment for tomorrow, but any expert should be able to help you.

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Customer reply replied 3 months ago
Thank you.
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