Legal Question in Civil Litigation in California

If they were purporting to be a limited partnership, it would affect their capacity to sue. Filing a certificate of limited partnership with the Secretary of State is a precondition to existence of a limited partnership formed since 1984. (Corps. Code, sect, 15621 subd. (a).) By statute, a limited partnership may not "maintain" any action or proceeding in California courts until the requisite certificate is filed. (Corps. Code, sect. 15712 subd. (b)(2).)

This is a plea in abatement, and would not entitle you to dismissal. Upon proper motion, the action would abate, until such time as the certificate was filed.

Mr. Roach is only correct IF they are claiming to be a Limited Partnership. Since passage of the legislation creating LLC's however, almost no one ever uses limited partnerships anymore. If they are just a general partnership, they would never be registred with the Secretary of State. Only limited partnerships, LLC's and Corporations are required to register with the Secretary of State. Sole proprietorships and general partnerships do not register. They only have to file with whatever municipal or county agency issues business licenses, and they may need to comply with ficticious name registration requirements at the local level, but there is no state filing for sole proprietorships and general partnerships.