Legal Question in Business Law in California

Re: Suspended Corp - how to answer in Lawsuit

You are facing several distinct problems.

Fist, you cannot represent your corporation in court under any circumstances. Only attorneys are allowed to represent the legal interests of others, including business entities.

Second, a suspended corporation cannot participate in a lawsuit as either a plaintiff or a defendant. They regain this right when the suspension comes to an end.

Third, having delayed revealing the true status of the corporate defendant and having falsely claimed it is a dba, you may have forfeited your corporation's rights in the case. That probably did not happen, but it might have depending upon what you have said and done during the litigation.

Fourth, even if the corporation has not forfeited its rights, you may be hit with heavy sanctions for falsely claiming it was a dba and for letting the plaintiffs and the court proceed under this misapprehension.

Fifth, it is possible that the plaintiffs have already taken the corporation's default and even obtained a default judgment against it as to some aspects of the case. You would probably know if this had happened, but you might not. Under the circumstances it might be too late to get relief from such developments.

You need a lawyer. Your corporation also needs one, and there is a chance you will each need separate counsel.

Please feel free to contact me directly if you want to discuss this further.