How to seek Spirit Airline California agent for service of process

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young707

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I seek Spirit Airline California agent for service of process.

I tried California Secretary of State - none. I wrote California Attorney General, none. I tried City of Oakland and Alameda county - none. Spirit Airline is using Oakland Airport for their flights.

I am trying to file claim to Spirit Airline. I made advance online flight reservation for October 2013 departure in April 2013. I cancelled the reservation in May 2013. Spirit Airline toke all my money. They claim reservation must cancel within 24 hours. But nowhere in Spirit Airline web site indicated this 24 hour cancellation policy. Service never rendered.
 
young707 said:
I seek Spirit Airline California agent for service of process.

I tried California Secretary of State - none. I wrote California Attorney General, none. I tried City of Oakland and Alameda county - none. Spirit Airline is using Oakland Airport for their flights.

I am trying to file claim to Spirit Airline. I made advance online flight reservation for October 2013 departure in April 2013. I cancelled the reservation in May 2013. Spirit Airline toke all my money. They claim reservation must cancel within 24 hours. But nowhere in Spirit Airline web site indicated this 24 hour cancellation policy. Service never rendered.
Click to expand...


Suing an airline, especially Spirit is impossible unless you hire an attorney, and he or she will simply waste your money.

I assure you, that 24 hour cancellation policy is buried deep within this tariff.

You can contact the CA Secretary of State, they'll tell you who the agent to accept service is for Spirit in CA.

Here's her link, do the search:

http://www.sos.ca.gov/
 
young707 said:
I seek Spirit Airline California agent for service of process.

I tried California Secretary of State - none. I wrote California Attorney General, none. I tried City of Oakland and Alameda county - none. Spirit Airline is using Oakland Airport for their flights.

I am trying to file claim to Spirit Airline. I made advance online flight reservation for October 2013 departure in April 2013. I cancelled the reservation in May 2013. Spirit Airline toke all my money. They claim reservation must cancel within 24 hours. But nowhere in Spirit Airline web site indicated this 24 hour cancellation policy. Service never rendered.
Click to expand...



It's actually all over their website. You're paying for a cheap seat, so their refund policies are going to be the tightest around. Tight, and legal (unfortunately for you).

http://customersupport.spirit.com/entries/21354221-Does-Spirit-offer-refundable-fares-

http://customersupport.spirit.com/entries/21376817-How-can-I-change-or-cancel-my-reservation-

http://www.spirit.com/content/documents/en-us/General_Terms_and_Conditions.pdf (Scroll down to find the quote below)

Subject to certain exceptions and/or restrictions set forth in Spirit Airlines' Contract of
Carriage, all reservations are non-refundable and transferable. Refunds are allowed for
reservations made 7 days or more prior to departure and provided that a refund request is
made within 24 hours of initial reservation
Click to expand...


It's all there, in black and white.

And as far as I can tell, most other airlines have similar conditions applying to their special low-cost fares. You always have the choice of paying for a specifically refundable place, but they do cost more.
 
army judge said:
Suing an airline, especially Spirit is impossible unless you hire an attorney, and he or she will simply waste your money.

I assure you, that 24 hour cancellation policy is buried deep within this tariff.

You can contact the CA Secretary of State, they'll tell you who the agent to accept service is for Spirit in CA.

Here's her link, do the search:
Click to expand...

Yes, I wrote both to California Secretary of State and California Attorney General. Both are unable to give me a name for agent for service of process.
Yes, given the name of agent for service of process, I can at least file claim in Small Claim court.

Spirit Airline fly out of Oakland Airport - direct flights to Las Vegas and Chicago. How can Spirit Airline does not have any person here in California?
 
3000 Miles to the East!

YOUNG707. . .

First valuable lesson here is that you never ask the condemned where to go to buy the rope to hang him with! So forget about asking the airliner because they would never volunteer that information.

That said, your did not get any joy out of the folks up in Oakland not because they are a bunch of lying heathens, yes the ones also responsible for keeping the Raiders in California and thus in the same Conference as the Chargers, but because they were telling you the truth: "Spirit? What Spirits? There is no one by that name or reputation in this neck of the woods. "

The other valuable point you should take away from this is that just because an airliner's hub is in Oakland, then should follow logically that their corporate HQ should be close by as well, and case in point: this particular budget flyer's HQ is 3000 miles clear across the country in a town called Miramar, Florida and here their complete domicile corporate information, including the Registered Agent's particulars which are:

Foreign Profit CorporationSPIRIT AIRLINES, INC.
Filing Information
Document NumberF94000001388FEI/EIN Number381747023Date Filed03/18/1994StateDEStatusACTIVE
Principal Address
2800 EXECUTIVE WAY
MIRAMAR, FL 33025 . . .

But on second thought, here is the link to the page because there is just too much vertical information to fit into this reply. The address of the page is :

http://search.sunbiz.org/Inquiry/Co...-455c-92de-08aa5f102568/spirit airlines/Page1

Happy Hunting!

fredrikklaw

By the way, I would be remiss not to mention that this does not mean you will have to trek across America to sue these guys. Oh no. You can do it all from the comfort of your own city (Oakland) and in the regular state court: Small Claims if you keep it around $10,000, or the Superior Court of the State of California , County of …….. (your county) if you really want to have a little fun with the Spirits and make it a minimum of $25,000 plus which will take you into the big league of Unlimited Civil Cases.

This is afforded you courtesy of the Minimum Contact which is one of the elements that make up the Constitutional Law's Chapter on Service of Process on Foreign Corporations and in Diversity Cases (as well as California's strong, Pit-bull like Long Arm Statute. Simply put it says that if a company does enogh business in another state where it is not domiciled, it is then implies that it agrees to be sued in that state as if in its own.

Also, something else just occurred to me: you are not from Oakland, I hope! Are you? If you are, my apologies about the crack I made here. And if you are not, well then, I take back my apologies and I still think the Raiders should move to Somalia. Safe distance from San Diego!
 
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(had to giggle at the Raiders reference)

The thing is, this is a basic "caveat emptor" dispute. OP agreed to A, B & C terms and then changed his mind. Unfortunately this isn't unusual and even more unfortunately we tend to believe that service providers aren't out to fool us (the truth is very often, that's exactly what they're doing). Even worse? the airlines have been doing this for years and they're really good at protecting themselves.
 
fredrikklaw, thank you very much.
So, what I need is the name of agent for service process, so that I can file claim in Small claim court here in California.
How can I find this information, please!
 
Small claims won't touch it. I thought I'd said that already.

Small claims is not going to second guess your legally-enforceable agreement; that's not their job. Small claims will absolutely help you if they didn't hold up their end of the bargain...but that's the problem. They did exactly that, and they did so legally. The airline's cancellation policy is legal, it's very clearly stated on their site (in several places actually) and yes, most other airlines have similar clauses when you purchase the cheap tickets.

Sorry.
 
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!
 
Dear fredrikklaw, thank you very much for your post.

in all the Spirit Airline reservation full receipt detail printout and cancellation notices has NO mention of refund only within 24 hours. All I want is fair judgement knowing I was intentionally scammed.

Shall I write up this Corporation Service Company - agent for service of process, 2710 Gateway Oaks Dr. Ste 150N, Sacramento, CA. 95833 as second defendant?

In the California Secretary of State site business search, I am unable to find inside thousands of listings to locate a person's name?
 
If you insist on pursing this you will absolutely need an attorney to assist to even have a remote chance of being successful. Your attorney will know how and who to contact. Go it alone and it is a lost cause, if it isn't already.
 
young707 said:
Dear fredrikklaw, thank you very much for your post.

in all the Spirit Airline reservation full receipt detail printout and cancellation notices has NO mention of refund only within 24 hours. All I want is fair judgement knowing I was intentionally scammed.

Shall I write up this Corporation Service Company - agent for service of process, 2710 Gateway Oaks Dr. Ste 150N, Sacramento, CA. 95833 as second defendant?

In the California Secretary of State site business search, I am unable to find inside thousands of listings to locate a person's name?
Click to expand...



Their terms and conditions address refunds SEVERAL TIMES. I believe you're tilting and windmills.

(How come I can find them and you can't?)
 
No Person

YOUNG707 . . .

Some registered agents for service of process may indicate the name of an actual person and some may not, as is the case with this outfit in Sacramento. Here, all you have to do is to serve the Process on the agent which would have the same effect as having served SPIRITS.

You can effectuate service of process on SPIRITIS by mail under the authority of California Code of Civil Procedure §415.30. (a)(b)(c)(d). But make sure you follow every directive or you will be faced with a motion to dismiss for defective service; here is the URL for that section to save you some time and headache:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95

I would be interested to know how your claim proceeds.

fredrikklaw
 
No Person's Name Necessary!

YOUNG707 . . .

Some registered agents for service of process may indicate the name of an actual person and some may not, as is the case with this outfit in Sacramento. Here, all you have to do is to serve the Process on the agent which would have the same effect as having served SPIRITS.

You can effectuate service of process on SPIRITIS by mail under the authority of California Code of Civil Procedure §415.30. (a)(b)(c)(d). But make sure you follow every directive or you will be faced with a motion to dismiss for defective service; here is the URL for that section to save you some time and headache:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95

I would be interested to know how your claim proceeds.

fredrikklaw
 
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