Legal Question in Civil Litigation in California

I'm being wrongfully sued , I'm a victim of identity theft

there is an unlimited civil lawsuit against me,breach of contract, that someone pretending to be me did. while I was out of state someone mailed and faxed a notice to my commerical landlord , stating that I had declared bankruptcy and vacated the premises. When I returned, I was locked out of my store, the locks were changed and the landlord ignored my phone calls and messages. Three months later the landlord released out my store to someone else for higher rent. Nearly a year later a lawsuit was filed against me. What forms can I file in order for me to see the judge in the case as soon as possible,so I can present my evidence,to stop this unlimited civil lawsuit against me ? I am representing myself. I am a victim of identity theft, I have never filed bankruptcy, I have solid proof that I didn't close my store.


Asked on 10/24/04, 12:46 am

5 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: I'm being wrongfully sued , I'm a victim of identity theft

The first thing you must do is file an answer with affirmative defenses, though you might, first, consider filing a Motion to Quash based on the identity issue. You may also consider counter-suing the landlord.

JOEL SELIK

Attorney at Law

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Answered on 10/24/04, 8:42 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: I'm being wrongfully sued , I'm a victim of identity theft

Not only must you file an answer, but you must do it within 30 days of your receipt of the complaint. AT THE SAME TIME you might file a cross-complaint against the landlord for breach of lease and perhaps other things like fraud and intentional infliction of emotional distress. It would help if you obtained a lawyer, since the landlord apparently is asking for more than $25,000 in damages.

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Answered on 10/24/04, 10:47 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: I'm being wrongfully sued , I'm a victim of identity theft

This is too much for a pro per. Call me directly for reasonable rates for representation. (619) 222-3504.

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Answered on 10/25/04, 2:48 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: I'm being wrongfully sued , I'm a victim of identity theft

You need a lawyer. Your question doesn't say who is suing you or why, so there isn't much specific guidance I can offer. But your situation is complicated and if you try to do this on your own you are likely to make some serious mistakes which may cost you the case. Also, if your business was a corporation and it is a party to the lawsuit, it *must* be represented by an attorney; you have no authority to represent the corporation in court unless you happen to be a lawyer.

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Answered on 10/24/04, 5:14 pm
Larry Rothman Larry Rothman & Associates

Re: I'm being wrongfully sued , I'm a victim of identity theft

You may win your case. However, you must respond to the complaint and prepare a defense. You may have a right for the recovery of attorney fees if the complaint is based upon a written contract. We will need to review the complaint to assist you further and answer any other questions that you might have. Our firm handles cases throughout California.

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Answered on 10/26/04, 10:02 am


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