Legal Question in Civil Litigation in California
LLC, Unlimited Civil Case
The lawsuit states (Alter Ego allegations) in pursuit of money, alleged to be owed foras discribed within ''defndnt's promise to pay the purchase price, plantif shpped & delivered to defndnts goods, wares, and merchandise worth in excess of 27k.'' However 11k of the debt stated is listed as ''financial charges from several months prior'' Are these fees considered ''merchandise'' as discribed within the allegations? also listed allegations (Alter Ego) starts with wording ''Plantiff is informed and Believes'' is this common law wordage equaled to ''thinks or assumes'' because I cannot understand for any reason the personal attact made by these allegations, and implies that I knowingly or intended to defraud them. That all listed allegations are completely false, and personally in my opinion damages my creditbility within the industry and for future buisness opportunities. Providing proof docs against the alleged $$ owed is false, and that efforts to resolve discrepencies were not initiated timely, due to information provided by corisponding mgr/contact of their company, statements that a suit would not be filed, would there be any grounds for recourse actions??
3 Answers from Attorneys
Re: LLC, Unlimited Civil Case
Some attorney use alter ego allegations for purposes to itimidate a defendant into settlement. As long as corporate formalities are complied with and there is a separateness of entitles, normally an alter ego allegation will not succeed, We would need to review your complaint and discuss the facts and sufficiency of your company to assist you and answers any other questions you might have. Please contact me if you have any other questions.
Re: LLC, Unlimited Civil Case
Your only recourse is generally to win the lawsuit, and then if it was improperly filed against you, to sue the plaintiff for malicious prosecution. It looks like your main problem at this stage is defending yourself, however. Feel free to contact me if you would like to discuss this further.
Re: LLC, Unlimited Civil Case
If you are seeking some magic words that will make this go away, that is not going to happen. If you don't know how to defend this lawsuit yourself, hire an attorney. IF you have claims against them, those must be brought into the action at the same time. Feel free to contact me if interested in doing this right, if it is in SoCal.
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