Legal Opinion

W. Sur. Co. v. LA Cumbre Office Partners, LLC

California Court of Appeal

Decided February 2, 2017No. 2d Civil B269276PublishedCited by 2 opinions

1Opinion of the CourtYegan, J.

*127 A natural person is the managing member of a limited liability company (LLC 1) that is the sole manager of another limited liability company (LLC 2). The person signs an agreement on behalf of LLC 2, but misstates his position as the managing member of LLC 2 instead of the managing member of LLC 1, LLC 2's manager. LLC 1 does not have actual authority to execute the agreement on behalf of LLC 2. In these circumstances, does the person's signature bind LLC 2? We conclude that it does pursuant to former Corporations Code section 17157, subdivision (d) (now section 17703.01, subdivision (d)),…

2Cases cited6 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Martinez v. CombsCalifornia Supreme Court · 2010
  3. Snukal v. Flightways Manufacturing, Inc.California Supreme Court · 2000
  4. Paclink Communications International, Inc. v. Superior CourtCalifornia Court of Appeal · 2001
  5. Greve v. Taft Realty Co.California Court of Appeal · 1929

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. DD Hair Lounge, LLC v. State Farm Gen. Ins. Co., California Court of Appeal, 5th District2018
  2. DD Hair Lounge v. St. Farm General Ins. Co.California Court of Appeal · 2018

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