Legal Question in Civil Litigation in California

i filed a small claim against a business using the persons name dba buisness name. i won my claim but now the owner is claiming he "is not a party to the contract, rather an officer of the corp". There are only two people listd on the incorporation, including himself. He is the one that signed our contract. We have a future court date, is he just playing word games to delay paying me? How do i correct the wording in my filing? i thought i was covered using his name and the corp name. thank you in advance for your help.


Asked on 11/17/10, 8:46 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If I understand correctly, you have a judgment against him and againt the corporation. I assume he has appealed the judgment so you will have a trial de novo on the matter. If he only filed an appeal for himself, then the judgment still stands against the corporation. If he signed the contract using his name and not saying "as president of X corporation" or similar language, then he might be personally liable. If it is clear that he was acting only a head of the corporation, then there should not be a judgment against him personally. By setting up a corporation, he shields himself from personally liability for anything done for the corporation. But if he uses whatever he bought from you as a person and not as the head of the corporation, then he would have liability. If the corportion has assets, you technically do not need to include him in the judgment.

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Answered on 11/22/10, 9:02 am
Anthony Roach Law Office of Anthony A. Roach

I don't read your question the same way that Mr. Shers does. A DBA is simply a fictitious business name, and is not a separate legal entity that can be sued. A corporation is different than a fictitious business name, in that it IS a legal entity. But if the corporation was not named to the lawsuit, then they were never made a party and you may have problems if the contract was between you and a corporation.

You may want to speak to someone at the small claims advisor's office, to determine whether you can amend your judgment. It is also not clear from your post what the "future court date" pertains to.

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Answered on 11/22/10, 9:45 am


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