iOver the years, I have been frequently called to assist in cases of wrongful termination. See What To Do When Your Business Entity Has Been Wrongfully Terminated. Rarely have I encountered the converse - the formation of an entity using a stolen identity. Fortunately, the Civil Code has created a procedure for removing the pilfered personal identifying information and the fraudulent filing from publicly accessible electronic indexes and databases. The procedure is similar that provided for victims of fraudulently filed or recorded liens and encumbrances. See Code Civ. Proc. Sec. 765.010. Unfortunately, the process will not be "user friendly" to people who are not represented by counsel because of the statutory cross references and defined terms.
Section 1798.201 provides:
A person who has learned or reasonably suspects that his or her personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing, and has initiated a law enforcement investigation in accordance with subdivision (a) of Section 530.6 of the Penal Code, may petition the superior court in the county in which the person resides for an order, which may be granted ex parte, directing the alleged perpetrator of the act described in paragraph (1) of subdivision (c) of Section 530.5 of the Penal Code, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court and show cause for both of the following:
(a) Why the personal identifying information should not be labeled to show the information is impersonated and does not reflect the person’s identity.
(b) Why the personal identifying information should be associated with the business entity.
A "business entity filing" is defined as "a document required by law to be filed with the Secretary of State pursuant to the Corporations Code, the Financial Code, or the Insurance Code". Cal. Civ. Code § 1798.200(a). "Personal identifying information is defined by reference to Penal Code Section 530.55(b) which is a long listing of information that begins with name and address. A "person" means "a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity". Cal. Civ. Code § 1798.200(c). Note that the statute requires that the person seeking relief must initiate a law enforcement investigation, which involves contacting the local law enforcement agency that has jurisdiction over the person's actual residence or place of business and obtaining a police report.
The court is to determine the petition based on "declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court". Cal. Civ. Code § 1798.202(a). If the court finds the petition meritorious, it must order: (1) the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victim’s identity; and (2) the data to be removed from publicly accessible electronic indexes and databases. Cal. Civ. Code § 1798.202(c). The Judicial Council form of this order is available here. This order must be filed with the Secretary of State. Cal. Civ. Code § 1798.202(f). It may be later vacated if if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud. Cal. Civ. Code § 1798.202(d).
The obvious shortcoming of this process is that once something hits the internet it may be difficult, if not impossible, to get it entirely removed. Nonetheless, it should be effective in at least having it removed from the Secretary of State's website.
For a discussion of the somewhat related problem of wrongful appointment of an agent for service of process, see Disclaiming Proper Appointment With The Secretary Of State - "All You Have To Do Is Ask".
