The Demurrer filed by Defendant Piajeh, Inc. (“Defendant”), as to each of the three causes of action (“COAs”) in the Complaint filed by Plaintiff Carella S.R.L. (“Plaintiff”), is OVERRULED.
An alleged lack of standing must, for purposes of demurrer, appear on the face of the complaint or from matters judicially noticeable. (County of Fresno v. Shelton (1998) 66 Cal.App.4th 996, 1009.) Defendant asserts here that Plaintiff is a foreign business not qualified in CA and thus cannot sue here, under Corp. Code §2203(c) [“A foreign corporation…which transacts intrastate business without complying with Section 2105 shall not maintain any action or proceeding upon any intrastate business so transacted in any court of this state, commenced prior to compliance with Section 2105, until it has complied with the provisions thereof…”].)
But whether Plaintiff was “transacting intrastate business” in CA, as defined in Corp. Code § 191(a) [the term “transact intrastate business” means “entering into re
Hearing Date
February 25, 2021
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The Demurrer filed by Defendant Piajeh, Inc. (“Defendant”), as to each of the three causes of action (“COAs”) in the Complaint filed by Plaintiff Carella S.R.L. (“Plaintiff”), is OVERRULED.
An alleged lack of standing must, for purposes of demurrer, appear on the face of the complaint or from matters judicially noticeable. (County of Fresno v. Shelton (1998) 66 Cal.App.4th 996, 1009.) Defendant asserts here that Plaintiff is a foreign business not qualified in CA and thus cannot sue here, under Corp. Code §2203(c) [“A foreign corporation…which transacts intrastate business without complying with Section 2105 shall not maintain any action or proceeding upon any intrastate business so transacted in any court of this state, commenced prior to compliance with Section 2105, until it has complied with the provisions thereof…”].)
But whether Plaintiff was “transacting intrastate business” in CA, as defined in Corp. Code § 191(a) [the term “transact intrastate business” means “entering into re