Legal Question in Civil Litigation in California

Breach of Contract

A trust was set up by Citibank in Pleasant Hill that was to allow a beneficiary to withdraw only $400/month from the account until her death. Any remaining money was to then be divided between 5 families. She died in 2002. The estate lawyer found out that Citibank allowed the beneficiary to withdraw more than $400/mo so the funds were depleted early. The amount that should have been left was calculated to be $27,700.00. That means that each family should be given $5540.00.

Citibank has refused to reeimburse the account despite letters from lawyers and family members. I would like to take them to small claims court and recover at least $5,000.

Question:

I have the names and titles of individual personnel of Citibank that I will name as defendants. However, do I also list Citibank as one of the defendants? If so, is this considered a corporation and who would I serve the paper to?

Thank you very much.


Asked on 7/14/03, 11:10 am

2 Answers from Attorneys
Jason Hsu Una Law Corporation

Re: Breach of Contract

As mentioned, every corporation should have an agent for service which can be discovered through the secretary of state. I would agree that the corporation should definitely be named. Individuals would really only be listed if you wanted to pursue them apart from their duties on in the scope of their employment or for fraud.

Best of luck with your recovery. Please contact us if we can be of further assistance.

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Answered on 7/14/03, 2:14 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Breach of Contract

I don't know that I would bother to sue the employees, who might turn out to be good witnesses for you, but all you have to do is sue the Corporate entity of Citbank, and contact the Secretary of State to find out who their agent for service of process is. You also might try calling Citibank direct and asking that question, they are sued so much they may have an office on their premises or use an agent such as CT Corporation.

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Answered on 7/14/03, 11:36 am


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