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changing doe defendants

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daffan

Member
What is the name of your state? California

Okay...now I need to amend my complaint to reflect new defendants.

The two named defendants are a woman and her company an LLC and I also included Does 1-25.

I used the judicial form complaint for Breach of Contract and for Fraud.

The woman told me before I filed a suit, that her husband had no knowledge of the contract she and I had and in fact would not be able to handle it emotionally if he knew. I believed her and did not name him in the suit even though I knew his name. I thought I could get clarification through discovery.

She has not been participating in discovery.

The woman has an LLC. When I looked it up on the State's website, it did not list any members.

Later I discovered her daughter is a member of the LLC (from a different state's website). Or at least I think it her daughter. I only know her daughter's first name and the other member has the same name AND her daughter used to work for. So I am pretty sure it is her daughter.


I want to bring both parties into the suit by changing their status from Doe to named.

I believe her husband is a silent partner (frankly his income flat supports the company) and now believe her daughter is a member of the company. I also believe this woman is hiding her assets under her husband's name.

Since the suit is about fraud, I have already pierced the corporate veil by suing the woman personally.

Now both these folks I knew the names of (or at least first names) when I filed my suit. I did not however know of any wrongdoing on their part and that is why I needed to find out if they participated in this fraudulent activity.


I sent Requests for Admissions to the woman and her company. In them I asked for admissions stating the connection between her husband and daughter and the company. I also asked for admissions that they both had knowledge of the fraudulent deal she made with me and that they all stood to beneift financially from the money I loaned. True to form, she hasn't replied and I filed a motion to get these things admitted. Then I want to include the Does (her relatives) based upon my knew knowledge.

Any problems with this?


The second issue is about changing the actual complaint instead of just ficticious names. Do I need to? The Cause of Action for Breach of Contract uses the term "defendants" in every line of the complaint. But in my description of "the agreement" I used the company name and the woman's name. Since I never talked to her husband or daughter, I couldn't use their names or any other names in the description of my agreement.

The Cause of Action for fraud says "defendants" everywhere too. My description of the fraud uses the term "defendants".


Should I just file a change of Doe names or do I need to rewrite/amend the wording in my complaint? Or just let them object and then amend to explain how they are involved?
 
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M

meganproser

Guest
Should I just file a change of Doe names or do I need to rewrite/amend the wording in my complaint? Or just let them object and then amend to explain how they are involved?

File a motion for leave to amend (assuming leave is required) and attach the amended complaint. You need to completely identify each new defendant, making sure you address any jurisdictional issues.

Go through the entire complaint and make sure it is clear exactly who you are accusing of what. For each count and in your prayer for relief, be clear on what you are saying about each individual and the group as a whole.

The phrase “defendants and each of them” is a good way of saying something that applies to one or more of the defendants. Err in favor of being too specific rather than risk being too general in explaining where each defendant fits in and what you want from them.
 

daffan

Member
So if I understand you correctly...don't file for simply a change of ficticious name, actually change my complaint.

The struggle with this one is naming defendants i knew the name for..but believing they are part of this.

For example, i still can't find ways in which a "silent partner" or sole supporter of a company is liable, even if they were part of a fraud. i am sure they ARE liable, I just don't find it in corporate law.

And the co-member of the LLC, same thing.

Thanks
 
M

meganproser

Guest
So if I understand you correctly...don't file for simply a change of ficticious name, actually change my complaint.

Oooh, I'd never seen the nifty California form stephenk put up! That looks like the way to go.

The struggle with this one is naming defendants i knew the name for..but believing they are part of this.

For example, i still can't find ways in which a "silent partner" or sole supporter of a company is liable, even if they were part of a fraud. i am sure they ARE liable, I just don't find it in corporate law.

And the co-member of the LLC, same thing.


Why don’t you post the question over in BUSINESS AND FINANCIAL LAW?
 

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