Legal Question in Civil Litigation in California

There is no such broad law. The limitations on filing or defending litigation without compliance with fictitious business name filing requirements are not that simple or broad.

The key statute is not in the Civil Code, but rather the Business & Professions Code.

"No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subdivision (b)

of Section 17917 does not constitute transacting business contrary to the provisions of this chapter." (Bus. & Prof. Code, sect. 17918.)

By its express terms, Business and Professions Code section 17918 only applys to contract actions based on account of any contract made or transaction in the fictitious business name. Failure to file a ficititious business name statement does not bar commencement or maintaining a "tort" action by a party doing business under a fictitious name. (American Alterntative Energy Partners II, 1985 v. Windridge, Inc. (1996) 42 Cal.App4th 551, 562.)

Failure to comply is not a ground for dismissal, but rather is a plea in abatement. This means the action would be stayed until the plaintiff filed and published the required fictitious business name statement.

I hope this information answers your question.