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They served the wrong company

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LtLaForge

Junior Member
What is the name of your state (only U.S. law)? California

So I was just served for a small claims suit for this situation:eek:: https://forum.freeadvice.com/starting-operating-business-3/contract-initialed-but-not-signed-550191.html#post2812660

We run a couple of different companies and the "Umbrella" company that accepts payment and pays the other companies (for their services) was the one that was served, and my Wife of course as the CEO was listed.

Now the company that should be served is the one that performed the inspections (my company) and alleged transgressions correct? Not the umbrella company.

If so how do I go about fighting it?

Both companies are S corps in California.
 
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Zigner

Senior Member, Non-Attorney
It could be argued that, by accepting payment, the "umbrella company" was a proper entity to sue. In fact, I would suspect that your entire setup is a bid shady (no pun intended)
 

John_DFW

Member
It could be argued that, by accepting payment, the "umbrella company" was a proper entity to sue. In fact, I would suspect that your entire setup is a bid shady (no pun intended)
I agree, and will likely only end up delaying the action. If you get that dismissed, they will likely file against the inspection company.

Certainly doesn't' prevent them from answering in that manner and requesting a dismissal, but the plaintiff can argue why they believe they have filed against the proper party.

The other post by the OP seems to indicate they are looking for any way to defend this case except on the merits of the case.

That is going to come across as a very weak defense.
 

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