Wrong Plantiff?
If you have a name of a company
Like ABC LTD with a DBA of 123
example ABC LTD d/b/a/ 123
but have a limited partner named BB Abc LTD that has no dba
and draft up a contract with an employee for a non compete agreement that was drafted like this
BB ABC LLC d/b/a 123
notice the BB ABC adds LLC which it is not, its and LTD and it adds the DBA that belongs to the ABC LTD
If litigation is brought under the BB ABC LLC d/b/a 123 since it is not a company because our girls typed the agreements up wrong, can we bring an action even though the bb abc llc does not have a dba
?
Asked on 6/05/06, 1:02 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Wrong Plantiff?
A misnomer isn't fatal. But was the agreement with the limited partnership, or directly with the LLC that also happens to be a limited partner? Was the contract to benefit the LTD, or the LLC?
You'd be well advised to hire an attorney in your area to help you sort out just who should be the proper defendant.
Answered on 6/05/06, 4:40 pm
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