how to file a motion to dimiss a case

[helpmeplease11]

What is the name of your state (only U.S. law)? CA

Hi! I was served court papers yesterday because of a business contract problem. After going through it, I realized that I was and still am an employee of the company. The plaintiff filed the case against me because I was the one who handled the contract for the company. Can I motion to dismiss the small claims case as it is a case between him and the business (a corporation)? He also sued for emotional problems. If this is a contract case, can he directly sue me for stress? Case amount is $5000.

Can anyone kindly give me recommendations as to how I can file a motion to dismiss this small claims case? Or do I still have to go to court? If I still have to go to court, does he have a case? If he does, am I liable for things I've done while being employed by a corporation? The contract is not between the plaintiff and me.

Thanks!

 

[dcatz]

Can anyone give me recommendations to file a motion to dismiss or do I still have to go to court?

You’re going to have to go to court. Aside from a written challenge to venue (not applicable to your situation) there is no mechanism in CA SC to accomplish what you want to do pre-hearing. Fortunately, if the facts are as posted, it should be a quick appearance. If the claim arises out of a contractual dispute between the claimant and your employer and is only a contractual dispute, you’re not a party to the contract and not a proper party to the SC action. Simply explain your status to the Court. If your employer was also named, served and chooses to appear, you should be dismissed and the proceeding should continue between claimant and employer. If your employer was not named and served, the proceeding is likely to be dismissed without prejudice, allowing the claimant to start again and do it correctly.

He also sued for emotional problems. If this is a contract case, can he directly sue me for stress?

If it’s a contractual problem only, it’s unlikely that alleged damages for stress or “pain and suffering” would be awarded against a culpable defendant. You haven’t provided details and don’t have to, but compensable damages for breach of contract are explained in Civil Code sections 3300 – 3022, and you can read those here:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3300-3322

Hypothetically, there are things that you could do as an employee that could create liability for both you and your employer, but they are of a nature unrelated to anything you've posted.