Legal Question in Business Law in California

Possibly. You may be able to assign whatever rights you may have to a buyer.

It might be better to first bring an action against the alleged wrongdoer and get an award or judgment if you win.

The firs thing you want to do is to contact the Labor Commissioner in your area and have that initial conversation about the prosecution of the matter. Then, you may also want to select an attorney of your choice and have that free initial 30 minute consultation with him or her. Let us know if you have any questions or concerns.

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You would have to file a lawsuit first. There is no lien for unpaid wages recognized in California, but you have the option of either having the Labor Commissioner go after them, or file a lawsuit and get a judgment. You would then have to collect on that judgment.

If and when you successfully obtain a money judgment against the original company, from the Labor Commissioner or a private lawsuit, then you can determine whether you will be able to pursue it against any person or entity other than the original company. Probably not, unless you can trace business assets that improperly / illegally diverted to the new company. I wouldn't hold my breath on being able to prove that it they 'properly' closed the old company. .

I have read, and don't disagree with, the preceding answers. However, I believe you've left out a couple of important facts. First, what was the form of the business you worked for? Was it a proprietorship, partnership, corporation, limited liability company, or something else? How did it go out of business -- a formal bankruptcy, a proper dissolution and winding up process, or did it just fade into the woodwork? Did the owners get paid before the creditors? Is it still in business at all? Can the new business be deemed a successor to or reorganization of the old business, or are they truly (legally) separate and distinct, even though the ownership overlaps?

Under California's business laws, there are proper and improper ways to shut down a failed business. Some of them impose liability on the old owners, some don't.

I consider it very unlikely that you can pursue your remedies as you suggest in your question, but somewhat more likely that there may be other effective avenues to get paid. However, I can't tell without a fair amount of details as to exactly what happened here.