Legal Question in Consumer Law in California

I have named "Goldman Sachs" as a defendant party in my federal lawsuit, because two of the "Funds" of Goldman Sachs are owners of another company that is committing torts (even crimes). In the description of the "parties" in my complaint I describe the two "funds" in some detail, but I do not describe "Goldman Sachs" at all. My assumption was the Funds ARE Goldman Sachs, and vice versa. From information on the internet I find that the Funds in question are "primary investment vehicles" for Goldman Sachs & Co. Goldman Sachs & Co. is quite a big company, and it seems their attorneys want to confuse the issues with semantics. However, maybe the court will take their side. What could I do to avoid problems here? The attorneys for the Defense have moved for dismissal of the complaint as to "Goldman Sachs." The allege that the complaint was not specific enough about who or what Goldman Sachs is. Indeed, my process server served "Goldman Sachs," and Goldman Sachs Group responded here. If Goldman Sachs Group is the owner of the funds, and the funds are the owner of the tortfeasor, what could be wrong with this service? Andy suggestions would be helpful. And, yes, I have sought an attorney, but none want to take the case on a contingency basis, which is all I can afford. (But attorney fees are statutorily available to the winner, and I think that punitive damages are quite possible here -- and, yes, I am still looking for an attorney.)


Asked on 8/16/09, 8:26 am

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Without knowing the details of your complaint, I would think that you would have to serve the "company that is committing torts" if it is an incorporated entity. And/or sue the two Goldman Sachs "Funds" if they're the owners of this company as you stated. Or even "Goldman Sachs Group". What the server wrote down as the party he served doesn't have a lot of weight. He may not know the difference between the various subsidiaries or entities related to the overall "Goldman Sachs" name.

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Answered on 8/16/09, 10:52 pm
Bryan C. Becker Your Lawyer for Life.

The issue appears not to be whether you "served "the proper party as they have already appeared in the case. The issue is whether you have sufficiently alleged in your complaint facts that would implicate Goldman Sachs. If you can not afford an attorney for the whole matter, you may consider engaging an attorney to handle just this portion of the case in a limited representation engagement. Your matter sounds complex to begin with, federal court can be procedurally difficult even for practicing attorneys.

Regards,

Bryan

Bryan C. Becker

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Answered on 8/19/09, 8:51 pm


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