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Ask FLACORPLAWYER Your Own Question
Category: Legal
Satisfied Customers: 4634
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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Can a foreign limited partnership not registered with the California

Customer Question

Can a foreign limited partnership not registered with the California Secretary of State which owns property in California and is renting it to a tenant file a valid answer and defend against a civil complaint in California Superior Court?   If not, can a default judgment against the foreign LP be obtained?
Submitted: 8 years ago via RomingerLegal.
Category: Legal
Expert:  C.Fortunato replied 8 years ago.
The answer is yes to the first question. Anyone who is a defendant in a court case, regardless of where the defendant is located, has the right to defend him/her/it self in court. This means that, yes, an answer can be filed, and everything else that a resident defendant can do, a non-resident can do. It is this very right that precludes judgment if the defendant is not properly served (because the court, therefore, would not have jurisdiction over the defendant).
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Customer: replied 8 years ago.
This conflicts directly with another answer provided by another service provided, which states that an out of state limited partnership not registered in California which owns property here and rents it out cannot file a law suit or file an answer to one until and unless they register to do business. If they are a defendant and served in the other state of their incorporation or partnership registration they can be sued but cannot answer unless they register to do business which they are legally obligated in any event to buy property and rent it out. So, your answer misses the mark according to the other service. I'm not saying you are wrong but you offered no code or case law citations to support your conclusion. I need to see the citations so I can read them for myself. If you would care to provide the precise sections of the California corporations code or Code of Civil procedure or any case law pertinent that supports your answer I will gladly pay for your time. i don't have ready access to legal research tools. Thanks.
Expert:  C.Fortunato replied 8 years ago.
I did not say that type of entity could start a lawsuit. (You did not ask this!) I said that any entity can defend one. I do not know the answer to the first question, and will therefore return this question to the "question pool" so someone else may answer it for you.
Customer: replied 8 years ago.
The answer cited no California authority for its conclusion such as case law or statutes so I can verify and use the answer and it conflicts with an answer from a similar service to your.
Expert:  FLACORPLAWYER replied 8 years ago.
OK let's go the the law. California Corporations Code Section 2203 (c) prohibits a foreign corporation to "maintain any action or proceeding" in a California court. There is no express code section prohibiting said corporation from defending an action. So our justanswer expert is right and those other guys are wrong!