woo hoo! d'oh!
YOUNG707 . . .
The Plot Thickens! And so does my brain. Really! Here is the skinny.
You have got to love some of these corporations whose primary legal-defense strategy against litigation is to wear-down, confuse, and discourage some potential plaintiffs by sending them down into a maze containing intentionally misleading signposts that at first may look quite helpful and on the up, but which a closer inspection reveals them to be designed of the sole purpose of making the plaintiff chase his own tail. So after your latest post, I went back and looked at SPIRIT's Florida Corporation page more carefully and found the misleading signposts cleverly disguised as legitimate information.
Under the heading FILING INFORMATION, SPIRIT has noted the company's state by the initials DE (yes, as in the state of Delware) while all other information below it point plaintiff in the direction of Miramar, Tallahassee in the State of Florida, in which information you will also find no phone number listed for any agent in Florida.
So, I found SPIRITS corporation in Delaware and this time I personally called the number listed for the registered agent.After being passed from Jane 1 to Jane 2,I was finally put through to Boss Jane to whom I repeated for the third time the reason for wanting the name of the registered agent, and no, not the company name but the name of the actual human being if such a thing is possible. and as she was telling me what I thought to be the verbal version of the electronic maze saying "...you really should and have to serve SPIRITS in California where they are registered..." and was about to counter with an incredulous and sarcastic quip about SPIRIT not having a registered agent in California, that the realization hit me. And it hit me big!
You see, after reading your original post, I never actually checked first to make sure that SPIRIT indeed did not have a registered agent and was not registered in California as a foreign corporation before going on the cross country LLC Hunt, because if I had, then I could have told you right away that SPIRIT is indeed registered in California as such (I mean, how could they NOT BE if they are flying in and out of here? Dahhhh, fredrikk) and DOES also have a registered agent listed which is mentioning the obvious as one is dependent on the other.
I therefore would like to confess here on this board and on the global information network that I have been feeling the last two hours like a blonde, Homer Simpson. In any even, here is the information as noted for SPIRITS in California. As it appears, verbatim, the real deal, the facsimile, the very same:
Entity Name: SPIRIT AIRLINES, INC.
Entity Number: C2208948
Date Filed: 01/18/2000
Status: ACTIVE
Jurisdiction: DELAWARE
Entity Address: 2800 EXECUTIVE WAY
Entity City, State, Zip: MIRAMAR FL 33025
Agent for Service of Process: CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC - LAWYERS INCORPORATING SERVICE
Agent Address: 2710 GATEWAY OAKS DR STE 150N
Agent City, State, Zip: SACRAMENTO CA 95833
Now, I am not sure what wrong it is you are trying to right and on what basis, but what I do know is that regardless of what sort of action or the damages are fielded by a plaintiff at any level of the Judiciary spectrum be it at state of federal level, the defendant simply has no choice but to show up and defend himself because the alternative would be a default judgment.
LAST BUT NOT LEAST... I agree with and direct your attention to PROSPERNIA's contention above; yes it is true, In America you can sue anyone for anything and as long as you pay the appropriate filing fees, BUTTTTT as long as the action IS unfolding in the right venue. Meaning that you cannot take SPIRITS to a small claims or trial court of your state if the complaint is entirely premised on and contains a Constitutional question for which it asks the court for Declaratory Relief. For that kind of relief and justice, you will have to look to the United States District Court for the Eastern District of California.
So, just make sure whatever court you are filing with has jurisdiction over both the person of the defendant and the subject matter. Horses for Courses, if you will.
Let me know if I can help with any other inquiry.
fredrikklaw (a.k.a. Blonde-Simpson)
wD'oh!
