This case was last updated from Los Angeles County Superior Courts on 12/05/2020 at 02:47:57 (UTC).

IN THE MATTER OF: 5 STREAMS, LLC

Case Summary

On 07/30/2020 IN THE MATTER OF 5 STREAMS, LLC was filed as an Other lawsuit. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2419

  • Filing Date:

    07/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

5 STREAMS LLC

Defendant

: 5 STREAMS, LLC

Attorney/Law Firm Details

Petitioner Attorney

SMITH JULIAN

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Order Reinstating Petitioner 5 Stream...) of 12/03/2020

12/3/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Order Reinstating Petitioner 5 Stream...) of 12/03/2020

Minute Order - Minute Order (Hearing on Petition for Order Reinstating Petitioner 5 Stream...)

12/3/2020: Minute Order - Minute Order (Hearing on Petition for Order Reinstating Petitioner 5 Stream...)

Order (name extension) - Order Proposed Order re. Petition for Reinstatement of 5 Streams, LLC

12/3/2020: Order (name extension) - Order Proposed Order re. Petition for Reinstatement of 5 Streams, LLC

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/30/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/30/2020: First Amended Standing Order - First Amended Standing Order

Petition (name extension) - Petition VERIFIED PETITION FOR ORDER REINSTATING PETITIONER 5 STREAMS, LLC TO ACTIVE STATUS WITH CALIFORNIA SECRETARY OF STATE

7/30/2020: Petition (name extension) - Petition VERIFIED PETITION FOR ORDER REINSTATING PETITIONER 5 STREAMS, LLC TO ACTIVE STATUS WITH CALIFORNIA SECRETARY OF STATE

Notice of Hearing on Petition - Notice of Hearing on Petition

7/30/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

7/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

 

Docket Entries

  • 12/03/2020
  • DocketUpdated -- Order Proposed Order re. Petition for Reinstatement of 5 Streams, LLC: As To Parties changed from 5 Streams, LLC (Petitioner) to 5 Streams, LLC (Petitioner)

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  • 12/03/2020
  • DocketMinute Order (Hearing on Petition for Order Reinstating Petitioner 5 Stream...)

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  • 12/03/2020
  • DocketCertificate of Mailing for (Hearing on Petition for Order Reinstating Petitioner 5 Stream...) of 12/03/2020; Filed by: Clerk

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  • 12/03/2020
  • DocketHearing on Petition for Order Reinstating Petitioner 5 Streams, LLC to Active Status with California Secretary of State scheduled for 12/03/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 12/03/2020; Result Type to Held - Motion Granted

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  • 12/03/2020
  • DocketUpdated -- Petition VERIFIED PETITION FOR ORDER REINSTATING PETITIONER 5 STREAMS, LLC TO ACTIVE STATUS WITH CALIFORNIA SECRETARY OF STATE: Filed By: 5 Streams, LLC (Petitioner); Result: Granted; Result Date: 12/03/2020

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  • 12/03/2020
  • DocketOrder Proposed Order re. Petition for Reinstatement of 5 Streams, LLC; Filed by: 5 Streams, LLC (Petitioner); As to: 5 Streams, LLC (Petitioner)

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  • 07/30/2020
  • DocketPetition VERIFIED PETITION FOR ORDER REINSTATING PETITIONER 5 STREAMS, LLC TO ACTIVE STATUS WITH CALIFORNIA SECRETARY OF STATE; Filed by: 5 Streams, LLC (Petitioner)

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  • 07/30/2020
  • DocketCivil Case Cover Sheet; Filed by: 5 Streams, LLC (Petitioner)

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  • 07/30/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/30/2020
  • DocketHearing on Petition VERIFIED PETITION FOR ORDER REINSTATING PETITIONER 5 STREAMS, LLC TO ACTIVE STATUS WITH CALIFORNIA SECRETARY OF STATE scheduled for 12/03/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 07/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02419    Hearing Date: December 03, 2020    Dept: 26

In Re Petition of 5 Streams, LLC, et al

PETITION TO REINSTATE CORPORATION TO ACTIVE STATUS

(Cal. Govt. Code § 12261, et seq.)

TENTATIVE RULING:

Petitioner 5 Streams, LLC’s Petition to Reinstate Corporation to Active Status is GRANTED.

ANALYSIS:

Petitioner 5 Streams, LLC (“Petitioner”) moves for an order reinstating it to active corporate status pursuant to Cal. Government Code section 12261. This statute provides that:

(a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following:

(1) The factual representations by a shareholder, member, partner, or other person that are contained in the termination document are materially false.

(2) The submission of the termination document to the Secretary of State for filing is fraudulent.

(Cal. Govt. Code § 12261(a).) Petitioner presents evidence that its sole officer and member is Gregory Johnson. (Pet., Johnson Decl., ¶¶2-3 and Exh. 2.) However, on December 27, 2019, a Certificate of Cancellation was filed by Libby Huff, Leslie Saito Waddles, and Jeff Inui, who are not associated with Petitioner in any way. (Id. at ¶4 and Exh. 1.) Johnson was notified that Petitioner was placed on inactive status by the Certificate of Cancellation in June 2020. (Id. at ¶5.) Johnson had never authorized Petitioner to be cancelled, deemed inactive, or dissolved. (Id. at ¶6.)

Based on the foregoing evidence, Petitioner has demonstrated that the Certificate of Cancellation falsely stated that dissolution “was made by a vote of all members of the California Limited Liability corporation.”

Accordingly, the Petition to Reinstate Corporation to Active Status is GRANTED.

Court clerk to give notice.