2009 Ct. Sup. 16688, 48 CLR 661
No. NNH CV 09 5030989 SConnecticut Superior Court Judicial District of New Haven at New Haven
October 19, 2009
MEMORANDUM OF DECISION ON DEFENDANT’S MOTIONS TO DISMISS (#101 AND #102)
LICARI, J.
These motions are identical except that #102 has two additional pages. They have been submitted on the papers.
“In order to give meaning to both § 34-105(a) and § 34-105(d), the court finds that § 34-105(a) offers one possible manner in which service may be made upon a limited liability company. See Leib v. Avon Financial Services, Ltd., Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 27989 (November 26, 1997) (Mottolese, J.) (Section 34-105 permits but does not require that service be made upon the statutory agent for service). As provided in § 34-105(d), nothing in §34-105 limits or affects the right to serve process upon a limited liability company in any other manner permitted by law.” Bursey v. Black Rock Enterprises, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. CV 98 0356518 (February 4, 1999, Skolnick, J.) (24 Conn. L. Rptr. 35, 36).
“Our Appellate Court has noted the similarity between a corporation and a limited liability company . . . Since our legislature, in § 34-105(d), has stated that a limited liability company may be served `in any other manner permitted by law, the manner by which service over a corporation is permitted is to be considered here as well . . . General Statute §52-57(c) provides a list of corporate representatives who may be served with process in order to serve a private corporation.” Lawrence v. Great Oaks, Inc., Superior Court, judicial district of New Britain, Docket No. CV 04 0525308 (October 26, 2005, Shapiro, J.); See also McGill v. Colchester Dental Group, LLC, Superior Court, judicial district of New London, Docket No. CV 08 5007464 (January 21, 2009, Abrams, J.) (47 Conn. L. Rptr. 77-78); Wayland v. Suffield Village, LLC, Superior Court, judicial district of Hartford, Docket No. CV 05 4009738 (May 9, 2007, Scholl, J.).
General Statutes § 52-57(c), in relevant part, provides: “In actions CT Page 16689 against a private corporation, service of process shall be made either upon the president, the vice president, an assistant vice president, the secretary, the assistant secretary, the treasurer, the assistant treasurer, the cashier, the assistant cashier, the teller or the assistant teller or its general or managing agent or manager or upon any director resident in his state, or the person in charge of the business of the corporation or upon any person who is at the time of service in charge of the office of the corporation in the town in which its principal office or place of business is located.”
The defendant has not addressed alternative service upon George C. Springer, Jr., pursuant to § 52-57(c).
Motions denied.
CT Page 16690