SECTIONS 18250-18270 - California Statutes

CORPORATIONS CODE

SECTION 18250-18270

18250. Except as otherwise provided by law, an unincorporated
association is liable for its act or omission and for the act or
omission of its director, officer, agent, or employee, acting within
the scope of the office, agency, or employment, to the same extent as
if the association were a natural person.

18260. A money judgment against an unincorporated association,
whether organized for profit or not, may be enforced only against the
property of the association.

18270. (a) A judgment creditor of a member, director, officer, or
agent of an unincorporated association may not levy execution against
the assets of the member, director, officer, or agent to satisfy a
judgment based on a claim against the unincorporated association
unless a judgment based on the same claim has been obtained against
the unincorporated association and any of the following conditions is
satisfied:
(1) A writ of execution on the judgment against the unincorporated
association has been returned unsatisfied in whole or in part.
(2) The unincorporated association is a debtor in bankruptcy.
(3) The member, director, officer, or agent has agreed that the
creditor need not exhaust the assets of the unincorporated
association.
(4) A court grants permission to the judgment creditor to levy
execution against the assets of a member, director, officer, or agent
based on a finding that the assets of the unincorporated association
subject to execution are clearly insufficient to satisfy the
judgment, that exhaustion of the assets of the unincorporated
association is excessively burdensome, or that the grant of
permission is an appropriate exercise of the court's equitable
powers.
(b) Nothing in this section affects the right of a judgment
creditor to levy execution against the assets of a member, director,
officer, or agent of an unincorporated association if the claim
against the member, director, officer, or agent is not based on a
claim against the unincorporated association.