Legal Question in Civil Litigation in California

if a company is dissolved, should you list the company or the people behind the company as Defendants in a lawsuit?


Asked on 6/25/11, 7:21 pm

2 Answers from Attorneys

Possibly all. It depends on the facts. The factual basis for the liability and the facts of both the operation and dissolution of the company will determine who you name as defendants.

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Answered on 6/25/11, 7:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. McCormick.

Note that your question is ambiguous in ways you might not recognize. There are different types of "company" for example. These include corporations, partnerships and others. The answer to your question will depend, in part, on what type of company your claim is against.

The word "dissolve" is also a bit ambiguous since there are a number of ways in which a business entity can cease operation, including quite a few that a layperson might describe as "dissolving". How this particular company shut down will help determine whom you should name in your complaint -- perhaps including other entities that purchased some or all of the former business's assets.

It also isn't clear who you mean by "the people behind the company". Do you mean its owners? Its officers? Its directors? Its partners? Some of these groups could be legitimate defendants, while others might not be.

The bottom line is that answering your question will require more facts. I suggest meeting with an attorney to discuss your claim in detail.

Good luck.

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Answered on 6/26/11, 3:30 pm


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