QUESTION

find history of dissolved californian corporation

Asked on Jul 31st, 2016 on Corporate Law - California
More details to this question:
I'm being sued as a member of my ex husband's company now dissolved and which I have no knowledge of ever being involved in. How can I get hold of the records to prove I was never a member? We are not speaking as I have a 5 year restraining order against him for domestic violence. It's possible he may have forged my signature as he has done this in the past several times.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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I would start by having your divorce lawyer talk to the plaintiff's lawyer, and see if your lawyer can talk the other side into letting you out of the lawsuit. The restraining order and other divorce papers should be enough to satisfy the other side that you were not involved and did not profit from whatever your ex did to the other side. Maybe you or your divorce lawyer has some documents, especially financial information, which might help the other side and which could be offered in exchange for your dismissal. Don't try to do this yourself. A good lawyer for the other side might obtain admissions by you that would keep you in the case and hurt your defense. If you end up trapped in the case, you will have the right to obtain whatever documents exist regarding the company. The problem is that if you demand them formally, through the legal process of discovery, they get shown to all parties. So if you ask your ex for them, the other side will see them, too. If you ask the other side for them, they'll have to show what they have to your ex. That problem probably doesn't really matter, since everyone is probably going to get everything anyone has, in the end, anyway. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Aug 01st, 2016 at 9:25 AM

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