Tetronics(International) Limited (United Kingdom) v. Blueoak Resources, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TETRONICS INTERNATIONAL Case No. 20-cv-03574-VC (UNITED KINGDOM),

Plaintiff, ORDER REQUIRING

CLARIFICATION RE SERVICE

v. Re: Dkt. No.

BLUEOAK RESOURCES, INC.,

Defendant.

In connection with the motion for default judgment and motion to confirm the arbitration award, Tetronics is directed to file a supplemental brief addressing whether it properly served BlueOak. Tetronics followed a California Corporations Code section, which permits service on a dissolved corporation by serving an officer or a director. See Cal. Corp. Code § 2011.1 But it is not clear that this section applies to a foreign corporation that has dissolved. See Securities Investor Protection Corp. v. Vigman, 764 F.2d 1309, 1316 n.3 (9th Cir. 1985) (“California courts have concluded that the Corporations Code ‘does not apply to foreign corporations which have dissolved.’”); Greb v. Diamond International Corp., 56 Cal. 4th 243, 265 (2013) (“[W]e disagree with plaintiffs’ assertion that foreign corporations . . . undertak[ing] ‘repeated and successive transactions of its business in this state’ are thereby rendered ‘organized…