Judge: Olivia Rosales, Case: 22NWCP00279, Date: 2022-08-17 Tentative Ruling

Case Number: 22NWCP00279    Hearing Date: August 17, 2022    Dept: SEC

IN THE MATTER OF: MNT INVESTMENT GROUP, LLC

CASE NO.:  22NWCP00279

HEARING:  08/17/22

JUDGE:  OLIVIA ROSALES

#5

TENTATIVE ORDER

Petitioner MNT INVESTMENT GROUP, LLC’s Petition for Order for Reinstatement of MNT INVESTMENT GROUP, LLC to Active Status with the California Secretary of State Pursuant to Gov. Code §12261 is GRANTED.

Moving Party to give Notice.

No Opposition filed as of August 15, 2022.

Gov. Code §12261 provides as follows: “(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.” (Gov. Code §12261(a-b.) “The court order for reinstatement may be obtained by submitting a petition to the superior court containing the legal and factual basis for reinstatement or as part of a civil action for damages or equitable relief. The Secretary of State shall not be made a party to the proceeding.” (Gov. Code §12261(c).)

Petitioner MNT Investment Group, LLC “was assigned entity number: 202108210476.” (Petition ¶3.) “On October 19, 2021, unbeknownst to Petitioner, an LLC Termination – Short Form Cancellation Certificate was filed with the California Secretary of State by an individual named Tien Van. Ms. Van is not known to Petitioner and has never provided any legal or accounting services to Petitioner. Petitioner never authorized anyone by the name of Tien Van to file a Short Form Cancellation Certificate.” (Petition ¶6.) “Upon obtaining Ms. Van’s contact information, on June 22, 2022, Ms. Nguyen contacted Ms. Van wherein Ms. Van acknowledged that she had erroneously filed a Short Form Cancellation for ‘MNT Investment Group LLC’ believing it was her client’s company ‘M N T Investment LLC.’ ‘M N T Investment LLC’ is assigned entity number 202113210509.” (Petition ¶8.) “As a result of Ms. Van’s inadvertent filing error, Petitioner has been dissolved by the Secretary of State since October 19, 2021.” (Petition ¶9.)

The Petition is accompanied by the Declaration of Tien P. Van, who declares the following: “At no time was it my intention to dissolve ‘MNT Investment Group, LLC’ as it is not my client’s company.” (Van Decl., ¶5.) “After the October 19, 2021, filing, I was not aware of my error until June 22, 2022…. Upon being made aware of my error, I apologized to Ms. Nguyen and advised her I would assist in getting MNT Investment Group LLC reinstated to active status and good standing with the California Secretary of State.” (Van Decl., ¶6.)

The Court finds that Petitioner’s Short Form Cancellation was erroneously filed with the Secretary of State.

The Petition for Reinstatement is GRANTED.