Legal Question in Business Law in California

Re: Question on Employment related case

Short answer is that you need a lawyer. Once you are in front of a court, especially as a defendant, you NEED to handle things properly.

Feel free to contact me by email. If not me, then contact another attorney, you should NOT represent yourself.

Re: Question on Employment related case

I agree with Mr. Telanoff and Mr. Whipple -- you need a lawyer ASAP. If you have homeowner's insurance it may cover your exposure; you should contact the carrier and see if it will pay for defense counsel. It probably won't pay for services related to your claim against the former employer, but even if it only covers your defense it can save you a lot of money.

Re: Question on Employment related case

Well, the first thing one must do when sued is plan on filing some kind of a responsive pleading. Usually this is an answer, but at times a demurrer is more appropriate.

Is the suit against you a separate case, or is it a cross-complaint in your commission case? Is there an attorney-fee or an arbitration clause in your breached commission agreement? These and many others are among those an attorney would ask you upon taking your case, or giving you preliminary advice in a consultation.

If you are asking whether I think you will win both cases, or either of them, I have no idea.

Fraud must be pleaded with greater detail and particularity than most causes of action, such as breach of contract, negligence, trespass, etc., which can be pleaded in quite general terms. Thus, a fraud complaint that lacks much detail is vulnerable to demurrer. The small amount of the claim - really, a small-claims-size demand under most circumstances - raises some doubt as to whether it is a serious allegation or intended to complicate your life in retribution for going after your commissions.