Legal Question in Business Law in California

I invested $2,500 into a company not long ago and the agreement stated that I will receive monthly dividends. Sometime later when I asked the owner to return my investment he refused to do so because I lost the original signed agreement. He said I could not get my principle investment back without it. He stated that a store would require a receipt to get a refund and so do they. I subsequently filed a complaint with the BBB and his response to my complaint was to PROVE IT. I have proof of the transaction from e-mail exchanges between us, as well as messages left on my voice mail. I have received one dividend check since June. He left a voice mail a few weeks ago stating that they are holding off sending further checks because I filed a complaint with the BBB, that before they send out any further checks to me they wanted in writing that I wasn't going to harm the business by proceeding with a lawsuit. I have tried to file a small claims suit, but could not have them served because they are not at the address that I have for them. Is this case win-able in court and how should I proceed? Are there any attorneys that do pro bono work?


Asked on 9/02/09, 3:29 pm

1 Answer from Attorneys
Cian Mitsunaga Mitsunaga Law Firm, P.C.

In regards to filing a claim, if this company is a corporation or LLC, you can find the information on who and where to serve the company on the California Secretary of State's website: http://www.sos.ca.gov/business/be/. Click on business search. The person and address listed under "Agent for Service of Process" would be the correct person and address to serve. If that information is inaccurate I would also recommend you report that to the California Secretary of State's office. A corporation or LLC is required by law to provide the Secretary of State with updated information as to their address and agent for service of process.

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Answered on 9/04/09, 8:00 pm


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