Legal Question in Business Law in California

Being sued for selling stolen merchandise. I have a retail store and purchase goods locally from other sellers. Apparently I bought stolen merchandise from another store near by and am being sued for my part in the whole matter. There are 200 companies listed in the summons that I received however they did not mention which style # of the goods. I attempted to call the plantiff's attorney but he said he would only speak with my attorney. I am a 64 year old small business owner with a struggling business and can't afford an attorney.

What should I do?


Asked on 2/15/10, 10:21 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Either you can afford an attorney, or you can afford to lose the lawsuit.

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Answered on 2/20/10, 10:44 pm
Daniel Bakondi The Law Office of Daniel Bakondi

When people tell me they cant afford an attorney, I might ask if they can afford to lose the amount the lawsuit against them is seeking.

You can fax the complaint to my office and call me for a free consultation.

Best,

Daniel Bakondi, Esq.

www.danielbakondi.com

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

[email protected]

415-450-0424

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 2/21/10, 1:50 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If your business is a sole proprietorship, you can defend yourself ("in pro. per."). If it is a corporation or LLC, it'll need to be represented.

It's fairly easy to file an answer in pro. per., especially if the complaint is unverified. There are forms available on the California Courts Web site at www.courtinfo.ca.gov/forms and you should answer well before the 30 days post-service time runs out.

Another possibility is to contact some of the other defendants -- ones you suspect are also innocent -- and see what they are doing. It might be a conflict of interest for several defendants to share the cost of defense, but maybe not.

Keep in mind that it is not always necessary to know for certain that the goods were stolen in order to be liable to the victim.......if the circumstances of the goods being offered to you are sufficiently "fishy" so a merchant should suspect a problem with the sourcing, this could be so-called "willful blindness" which is perhaps as bad as full knowledge.

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Answered on 2/21/10, 10:27 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

It sounds like they are just trying to shake down a bunch of small businesses like yours. You don't need an attorney to represent you if you are a sole proprietorship but you will if you are a corporation. You should be able to get someone who, for not a lot of money, can find out what the plaintiff wants and try and get it settled for you.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 2/22/10, 10:15 am


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