QUESTION

Being Sued in Small Claims court, wondering if I can have the case dismissed as she is suing me, not my corporation

Asked on Mar 18th, 2013 on Business Litigation - California
More details to this question:
I'm wondering if I have grounds to get a small claims case dismissed. Client is suing me on behalf of my website name which is what I've been doing business under. My corporation name is different. Can I get it dismissed on account of her suing the wrong person/entity? What would I need to prove that?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
If the claim was brought against the wrong individual or entity, for example, if the plaintiff is suing for breach of contract she had with your corporation rather than with you individually, it should be dismissed.  However, if she is suing for a tort, for example fraud, there could be individual liability.  Moreover, just because you have a corporation doesn't mean that the plaintiff's contract was with it.  Did the customer have any reason to know about the corporation, for example a written contract in the corporation's name?  If all that happened is that the customer ordered goods or services from a website, or spoke to someone who didn't disclose the corporate name using contact info from a website which also didn't disclose the corporation, there may very well be a contract between the plaintiff and you.
Answered on Mar 18th, 2013 at 11:55 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters