Richard Burt Professional Law Corporation
Mon - Fri: 9 AM - 6 PM
In communicating through a website with a lawyer you are thinking of hiring, you should not provide any confidential information concerning your legal matter until an attorney-client relationship has been formed.
Sending an email to Richard Burt or leaving a voice mail for him or his assistant (and a reply from either) does not create an attorney-client relationship.
No attorney-client relationship will be formed until you and Mr. Burt have agreed that he should represent you, he has determined that there is no conflict with an existing client, you have signed an engagement letter that sets forth the terms of the representation, and, when requested, you have made a fee deposit.
Please note that the initial consultation is solely to determine the nature of your legal matter and to discuss fees. Mr. Burt does not offer free legal advice.
After an attorney-client relationship has been formed, email (and voice mail) may of course be freely used for confidential attorney-client communications.
If we try to call you at a telephone number that you provide to us and are unable to reach you (and your voice mail is full or is not set up), we may text you at that number to let you know that we tried to call you. By sending an email via this website or by calling and leaving a voice-mail message, you consent to receiving such texts. At any time, you may reply STOP to opt-out from further messages.
NOTE: Mr. Burt does not handle litigation of any kind. If you wish to sue someone, are being sued, or need to make a court filing of any kind, Mr. Burt cannot help you. You should not contact him for those services.
Foreign LLC Can Enforce Sister-State Judgment without Qualifying to Do Business
In Conseco Marketing, LLC v. IFA and Insurance Services, Inc. (2013) 221 Cal. App. 4th 831, the court held that a limited liability company formed under the law of another state (a “foreign LLC”) need not qualify to do business in California to enforce a judgment obtained in another state (a “sister-state judgment”).
Under the Sister State and Foreign Money—Judgments Act (CCP § 1710.10 et seq.), a California judgment can be obtained simply by registering a sister-state judgment with the superior court, thereby avoiding the necessity of bringing a completely independent action here.
The question presented here was whether a foreign limited liability company can enforce a sister-state judgment in California without first qualifying to do business in California.
Under the Corporations Code’s definition of “transacting intrastate business” a foreign LLC is not considered to be transacting intrastate business … solely by reason of “maintaining or defending any action or suit” or “securing or collecting debts.” Corp. Code § 17001 (ap)(2)(A) & (H). Thus a foreign limited liability company that is a judgment creditor does not have to qualify to do business in California in order to enforce a sister-state judgment because it is only collecting a debt.
Contact Richard G. Burt, Attorney and Counselor at Law with questions regarding doing business in California and foreign state judgments.