|Submitted||July 29, 2015|
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To Whom It May Concern:
Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, § 3(b)), I hereby request the following records:
A copy of the Fictitious Business Name (FBN) Statements for the following County Clerk document records listed in the online FBN Search tool:
...list goes here...
I also request that, if appropriate, fees be waived as I believe this request is in the public interest due to the limitation of the County's online search utility for FBN registrations that fails to provide the owner or registrant name on listed records. Los Angeles County is the only county in the state of California with a population in excess of 1 million residents that fails to provide this information, which is essential for consumers and other businesses investigating potentially fraudulent companies. Moreover, the business filings I have listed above appear to be Scientology-related entities. Due to the vast number of recent Church of Scientology controversies widely reported in the media the public interest aspect of the documents I am seeking is compounded by the fact Los Angeles County's online search limitation provides a layer of cloaking to these questionable corporations.
Additionally, the requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Ms. R. M. Seibert
Dear Ms. R. M. Seibert
I have researched your request and per Business & Professions (B&P) Code Sections 17925 and 17926, we are in compliance with State law that mandates the types of records we are required to maintain as it relates to filed Fictitious Business Name (FBN) Statements. We have 2 search parameters as specified in B&P code section 17925(a). A public record search can be done in person at no cost. These results yield all information and data included on the actual Statement. Additionally, a name search engine is available on our website at www.LAVOTE.net<http://www.LAVOTE.net> which returns the business name, filing number and filing date for all current FBN’s.
The County of Los Angeles does not waive search and copy fees. Certified copies of documents filed in the Business Filing and Registration Section, can be purchased for $2, if the document/file number is included in the request. If the document/file number is not included with the request, there is an applicable $5 non-refundable search fee due at the time the request is submitted.
Please note, FBN data can be purchased by date range by means of a CD for $59. Please contact our Real Estate Records section for assistance with this type of request (800) 201-8999, option 3.
Business and Professions Code Section 17925:
(a) The county clerk shall maintain one or more indices which permit the determination of at least the following information:
(1) Whether any business using a specific fictitious business name has on file a fictitious business name statement setting forth such name and, if so, the file number of the statement.
(2) Whether any individual, general partner, or corporation is listed in any fictitious business name statement on file and, if so, the file number of the statement.
(3) Whether a statement of abandonment of use of a specific business name is on file and, if so, the file number of the statement of abandonment.
(4) Whether a statement of withdrawal from a partnership operating under fictitious business name is on file and, if so, the file number of the statement of withdrawal.
Business and Professions Code Section 17926:
(a) As used in this section, “statement” means a fictitious business name statement, a statement of abandonment of use of fictitious business name, or a statement of withdrawal from partnership operating under fictitious business name.
(b) For a fee of two dollars ($2), the county clerk shall provide any person who so requests a certified copy of any statement on file in his or her office.
(c) A copy of a statement, when certified as provided in subdivision (b), establishes a rebuttable presumption of all of the following:
(1) The existence of the original statement.
(2) The execution of the statement by the person by whom it purports to have been executed.
(3) The truth of the information required by Sections 17913, 17922, or 17923 that is contained in the statement.
(d) The presumptions established by subdivision (c) are presumptions affecting the burden of producing evidence.
(e) All of the provisions of this section are subject to Section 54985 of the Government Code.
(Amended by Stats. 2007, Ch. 716, Sec. 11. Effective January 1, 2008.)