Legal Question in Civil Litigation in California

Parntership - Representation as an individual

I have been suited as one of two persons in a partnership re breach of a lease agreement for $7,000 of property damages. No violations of the lease occurred during my tenure as a partner, only when my partner took the leased place of business over as a sole proprietor. The property owner did not give her a new lease but had her continue under the terms of the lease we all signed. My former partner is also sued as a sole proprieter in the complaint.

Can I respond to the complaint/courts as an individual and not with my former partner as a partnership?

Thank you.


Asked on 9/18/00, 9:24 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Parntership - Representation as an individual

I'm not sure I understand your question, it is a little bit ambiguous. You need to respond to the complaint as it is written. Without reading the complaint and seen in what capacity you were sued, I cannot tell you exactly how to respond. However, once you are in litigation, You would certainly take the position that you are not part of the partnership at the time. I'm sorry if the sounds a little take, but more information is needed. Place the free to call me if you want to discuss this in more detail. I will not charging for the call.

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Answered on 11/30/00, 5:05 am


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