The California General Corporation Law provides that a California corporation that is dissolved continues to exist for the purpose of, among other things, defending actions against it.  Cal. Corp. Code § 2010(a).  This, of course, begs the question of how a plaintiff might serve process against a dissolved corporation.  Fortunately, the GCL provides an answer.

As an initial matter, summons or other process may be served by delivering a copy to an officer, director, or person who has charge of the corporation's assets.  Cal. Corp. Code § 2011(b).   What if that person cannot be found?  In that case, service may be effected by delivery to "any agent upon who process might be served at the time of dissolution.  Id.  What if the corporate agent is no longer serving as such at the time of service?  In Hernandez v. Specialized Loan Servicing, LLC, 2023 WL 8461172 (N.D. Cal. Dec. 6, 2023), the defendants argued that service was not properly effected because the agent was not the corporation's agent at the time of service.  Judge William H. Orrick, however, ruled that all that was required for proper service was that the person served was the corporation's agent at the time of dissolution.  

What if the registered agent cannot be found?  The GCL provides an answer to that question too.  If none of the above persons can be found with "due diligence" and it is shown by affidavit to the satisfaction of the court, the court may issue an order that service be made by personally delivering a copy, together with the order, to the California Secretary of State or an assistant or deputy Secretary of State.   Cal. Corp. Code § 2011(b).   Service in this manner is deemed complete on the tenth day after delivery to the Secretary of State.  Id.