Legal Question in Real Estate Law in California

Corporation filed lawsuit which normally is only open to an individual

An individual landlord thought they would be smart by hiding

behind a corporate veil and filing a UD suit that way even though

the corporation does not own the property and are not

mentioned in the lease nor have they ever been involved in the

management of the property.


Asked on 3/11/09, 11:43 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Corporation filed lawsuit which normally is only open to an individual

And your question is? I assume you are asking what can you do. First, you may be able to defend the Unlawful Detainer by proving at trial that the coporation is not the legal owner of the property. To prove ownership, you are going to have to find an expert to testify at trial to the ownership of the property, unless you can get the plaintiff corporation to admit under cross-examination that they do not own the property. Someone who works for a title company and has access to title records could qualify as an expert to testify that as of the date of the filing of the action, the record owner of the property was "John Doe" and not "X corporation." The problem you face, even with expert testimony is that the corporation could have an unrecorded ownership interest in the property. Depending upon where you stand in the eviction process, you can propound discovery of the plaintiff asking these questions about ownership. I strongly encourage you retain an attorney as getting this defense on record, and presenting it at trial are not easy. Additionally, seeking discovery from the plaintiff isn't very easy and you would be best served to be represented by a professional. Good luck - that could be a very interesting case.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/12/09, 12:51 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Corporation filed lawsuit which normally is only open to an individual

Then prove that they are not the interested party at trial and dismiss due to lack of standing. Contact me directly.

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Answered on 3/12/09, 5:16 pm


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