Who is liable?

[Gone South]

What is the name of your state (only U.S. law)? Los Angeles County

A neighbor business I will call Biz A started a law suit against their neighbor Biz B.

Biz B is an LLC the land that the Biz B LLC is on is owned by an individual.

Biz A concocted a padded complaint and filed it against the registered land owner that Biz B LLC sits on stating the the Biz B LLC business over years has entered Biz A property and did a never ending list of damages to Biz A.

Should Biz A filed against the LLC and not the land owner?

Is there an issue here with complaint directed at correct entity/individual?

If alleged damages by an LLC business happened on another property with no evidence can a land owner elsewhere that the Biz B sits on be held liable?

 

[adjusterjack]

We don't do homework.

 

[Gone South]

We don't do homework.

We? Speaking for the people or you personally do not do homework? Either way thanks for the response

 

[quincy]

What is the name of your state (only U.S. law)? Los Angeles County

A neighbor business I will call Biz A started a law suit against their neighbor Biz B.

Biz B is an LLC the land that the Biz B LLC is on is owned by an individual.

Biz A concocted a padded complaint and filed it against the registered land owner that Biz B LLC sits on stating the the Biz B LLC business over years has entered Biz A property and did a never ending list of damages to Biz A.

Should Biz A filed against the LLC and not the land owner?

Is there an issue here with complaint directed at correct entity/individual?

If alleged damages by an LLC business happened on another property with no evidence can a land owner elsewhere that the Biz B sits on be held liable?

Who are you in all of this, Gone South?

 

[justalayman]

If you give a man a fish you feed him for a day
If you teach a man to fish (and how to apply for a fishing license) you feed him for life

A student needs to learn how to fish. Giving him a fish is a disservice.

 

[Gone South]

Who are you in all of this, Gone South?

I am the land owner Biz B LLC sits on

Biz B LLC is a truck park I am part of the LLC

 

[adjusterjack]

I am the land owner Biz B LLC sits on

Biz B LLC is a truck park I am part of the LLC

Apparently you own the land and are leasing it to an LLC in which you are a member.

A smart plaintiff would sue anybody remotely connected with the issue.

In other words a lawsuit would show the following defendants:

Joe Blow, an individual.
Biz B LLC
Joe Blow, member.

Is that what happened?

Were you served with a summons and complaint against just the business or against you, as an individual, and the business?

By the way, whatever anybody thinks the plaintiff "should" do is meaningless. It's what the plaintiff "did" do that counts.

 

[Gone South]

It was just me named in the complaint as an individual and I was described as owning a business next door in the complaint

Apparently you own the land and are leasing it to an LLC in which you are a member.

A smart plaintiff would sue anybody remotely connected with the issue.

In other words a lawsuit would show the following defendants:

Joe Blow, an individual.
Biz B LLC
Joe Blow, member.

Is that what happened?

Were you served with a summons and complaint against just the business or against you, as an individual, and the business?

By the way, whatever anybody thinks the plaintiff "should" do is meaningless. It's what the plaintiff "did" do that counts.

 

[quincy]

What is the name of your state (only U.S. law)? Los Angeles County

... Biz A concocted a padded complaint and filed it against the registered land owner that Biz B LLC sits on stating the the Biz B LLC business over years has entered Biz A property and did a never ending list of damages to Biz A.

Should Biz A filed against the LLC and not the land owner?

Biz A probably should have filed against both the LLC and the land owner. What does Biz A hopes to accomplish with its lawsuit? Is Biz A looking to recover damages to its property?

Is there an issue here with complaint directed at correct entity/individual?

There could be an issue with the complaint directed against the incorrect entity/individual. Again, however, it depends on what Biz A hopes to accomplish with its lawsuit.

If alleged damages by an LLC business happened on another property with no evidence can a land owner elsewhere that the Biz B sits on be held liable?

If there is no evidence that damages to another property were caused by an LLC business, it will be hard to support a legal action against the LLC business (or against the land owner who has leased property to the LLC business).



(To justalayman, my preferred quote is from Dan Quayle who said: "If you give a person a fish, they'll fish for a day. But if you train a person to fish, they'll fish for a lifetime." )

 

[Gone South]

Thank you for response

Biz A is a huge corp that has run out of land they want mine and need mine.

Biz A probably should have filed against both the LLC and the land owner. What does Biz A hopes to accomplish with its lawsuit? Is Biz A looking to recover damages to its property?



There could be an issue with the complaint directed against the incorrect entity/individual. Again, however, it depends on what Biz A hopes to accomplish with its lawsuit.



If there is no evidence that damages to another property were caused by an LLC business, it will be hard to support a legal action against the LLC business (or against the land owner who has leased property to the LLC business).



(To justalayman, my preferred quote is from Dan Quayle who said: "If you give a person a fish, they'll fish for a day. But if you train a person to fish, they'll fish for a lifetime." )

 

[quincy]

Thank you for response

Biz A is a huge corp that has run out of land they want mine and need mine.

So ... Biz A is hoping with its lawsuit to do what, exactly? What is the complaint?

It seems unlikely that any lawsuit against Biz B will accomplish Biz A's goal of acquiring Biz B's property.

 

[justalayman]

So ... Biz A is hoping with its lawsuit to do what, exactly? What is the complaint?

It seems unlikely that any lawsuit against Biz B will accomplish Biz A's goal of acquiring Biz B's property.

Unless the intent is to banrupt them by extended litigation.

Maybe op should open negotiations to move willingly, for a fair amount of compensation of course.

 

[quincy]

Unless the intent is to banrupt them by extended litigation.

Possibly. If that appears to be the case, Gone South will want a local attorney to help put a halt to that type of nonsense.

Maybe op should open negotiations to move willingly, for a fair amount of compensation of course.

I wouldn't advise opening any negotiations without a consultation with a local lawyer first. In fact, a consultation with a local lawyer is advised anyway. If the suit filed against Gone South is a nuisance suit (or filed against the wrong party), it is possible that the entire thing can be dismissed in short fashion.

 

[adjusterjack]

It was just me named in the complaint as an individual and I was described as owning a business next door in the complaint

An LLC doesn't protect you against liability for your personal acts.

If the owner of Biz A believes that you personally did what he alleges you did, then suing you as an individual is proper regardless of what the allegations say.

 

[Gone South]

Was asked a few years ago if I would sell or rent I refused several times.
Biz A then generated an impossible to prove claim that I injured their workers spilled chemical waste on their property greatly effected their business and they want $100's of thousands damages.. they told me in a conversation they could wrap me up indefinitely in a law suit and cripple me financially if I do not let them use my property.

So ... Biz A is hoping with its lawsuit to do what, exactly? What is the complaint?

It seems unlikely that any lawsuit against Biz B will accomplish Biz A's goal of acquiring Biz B's property.