Legal Question in Civil Litigation in California
I was hired by a company to produce a TV commercial. The company that hired me is being sued for not completing the advertising campaign for which he was hired. His client is suing him and me, even though I have no direct relationship with the client and never entered in any agreement with him. The dispute has nothing to do with the job that I performed. What can I do? what should I do?
4 Answers from Attorneys
You should speak with the employer and determine whether he will provide you with an attorney or pay for a lawyer, since the claim is work-related. If not, you should hire an attorney to timely file an answer, and cross-complain against your employer for indemnity. Your attorney would also want to speak with the plaintiff's attorney to try to extricate you from the lawsuit.
You are going to need to defend yourself. As Mr. Cohen states, if the company that hired you is not providing you with a defense, you will have to retain a lawyer on your own.
I agree with Mr. Cohen and Mr. Roach. Let me add that it is sometimes possible to be sued (successfully) for breaching a contract even where the plaintiff is not a party to that contract. This is true where the contract was knowingly made for the benefit of the plaintiff. Such plaintiffs are called third-party beneficiaries. The producer's client is probably alleging that it was a third-party beneficiary of your contract with the producer, and it may be right. I cannot assess that claim since I have not seen the contract or the complaint. But you should not assume that you will win just because the plaintiff didn't sign the same contract you did.
You do not sate whether you were hired as an employee or as an independent contractor. If you are an employee, you cannot be held personally liable for breach of contract; your employer would be liable for your conduct, if there is any liability.
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