Legal Question in Business Law in California
Suing the wrong company with the same name.
Our company is being sued for
something that occurred in 2008
and we received the summons
today. However, our company
seized to exist since 2002, and we
have never met the plaintiff. When
we spoke to the plaintiff's attorney,
he was rude and said that we must
appear in court. Must we hire an
attorney? do we have any recourse
against this attorney for wrongfully
accusing me?
2 Answers from Attorneys
Re: Suing the wrong company with the same name.
If your corporation no longer exists, why do you care if it gets sued? If you yourself are being sued, for example if the "company" name is merely a fictitious business name, this is what you do. Hire an attorney to write a letter on attorney letterhead to the other attorney saying that they are suing the wrong entity, giving the relevant facts, and promising to sue for malicious prosecution. My fee for this service only is $100. If they don't back off, then on to plan B.
Re: Suing the wrong company with the same name.
Yes, you should file an appropriate motion to quash the summons, and it must be done through an attorney. You can request [and hope for] your attorney fees in the motion.
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