Small claims question

[nilpojsinaj]

What is the name of your state? California.
I am helping an elderly lady, for free, who was charged for services not requested at an automobile dealership. We subpoenaed the owner, the service manager, and the car dealership's corporate name. The service manager, and the general manager, on behalf of car dealership, were served, but the owner could not be served because he was in China, maybe coming to U. S. later. The commissioner ruled that we must sue the owner, and not the people working. Also, the commissioner would not accept any questions from me, only from the elderly lady. I think next time, I will add my name to the lawsuit so that the commissioner does not use that as an excuse to ignore me, if that is possible. MY question is: HOW CAN THE ELDERLY LADY GET ANY JUSTICE IF THE OWNER IS UNREACHABLE (IN CHINA), AND THE COMMISSIONER REFUSES TO ANSWER ANY QUESTIONS. The police served the subpoenas. The car dealership has 2 owners, both asian, and I suppose hard to find. Is there a legal way for those at the dealership to be forced to get the owners to be involved? Justice denied is an injustice.What is the name of your state?

 

[faithnlve]

Well, I am not an attorney, but I would think you could file with the courts a discovery from the company to find out how to reach him. File the lawsuit in the superior court and get the judge to agree the company sends him the court filings by fedex (certified). If he doesnt show up for court he automatically loses. Once he has notice of court hearing he can always get an attny to represent him, if he is out of country at least. Just make sure he has enough time to respond. Faith

 

[racer72]

What is the name of your state? California.
I am helping an elderly lady, for free, who was charged for services not requested at an automobile dealership. We subpoenaed the owner, the service manager, and the car dealership's corporate name. The service manager, and the general manager, on behalf of car dealership, were served, but the owner could not be served because he was in China, maybe coming to U. S. later. The commissioner ruled that we must sue the owner, and not the people working. Also, the commissioner would not accept any questions from me, only from the elderly lady. I think next time, I will add my name to the lawsuit so that the commissioner does not use that as an excuse to ignore me, if that is possible. MY question is: HOW CAN THE ELDERLY LADY GET ANY JUSTICE IF THE OWNER IS UNREACHABLE (IN CHINA), AND THE COMMISSIONER REFUSES TO ANSWER ANY QUESTIONS. The police served the subpoenas. The car dealership has 2 owners, both asian, and I suppose hard to find. Is there a legal way for those at the dealership to be forced to get the owners to be involved? Justice denied is an injustice.What is the name of your state?

2 things.

1. You are not a party to the case and have no legal standing to be included in the lawsuit.

2. You are not an attorney and cannot legal represent someone else in a court of law. You can be cited and fined for practicing law without a license.

What does all this mean? The elderly lady need to hire herself a real attorney to persue a claim.

 

[faithnlve]

wait a minute. I am not an attorney, but the courts did allow me to help my younger brother in court. I spoke for him, and explained the situation. I also helped him file affidavits and motions. My brother won his case. If this guy is "helping" this lady I see no reason he cannot.

 

[racer72]

wait a minute. I am not an attorney, but the courts did allow me to help my younger brother in court. I spoke for him, and explained the situation. I also helped him file affidavits and motions. My brother won his case. If this guy is "helping" this lady I see no reason he cannot.

As a relative, you may have had some standing in the case with your brother. The OP is not related to the person they want to help. Your situation is irrelevent to the OP's.

 

[faithnlve]

Just because I was his sister should not matter. Everyone should have the same rights in court. My brothers case did not involve any family situations or family. This guy is trying to help this elderly lady, and I applaud him!! You do what you think is right. I would recommend calling legal aid or call your law line to find an attorney who can at least give you some free advise. Good luck, and God bless. Faith

 

[justalayman]

wait a minute. I am not an attorney, but the courts did allow me to help my younger brother in court. I spoke for him, and explained the situation. I also helped him file affidavits and motions. My brother won his case. If this guy is "helping" this lady I see no reason he cannot.

understand they LET you. With what little you have posted, they had no requirement to do so.

In the OP's situation, although it is nice to see somebody helping others, he has no legal standing to be named a party to the suit nor does he have any legal authority to take actions on behalf of the injured.

oh, but I see racer already stated exactly just that and you did not understand it then. It still is correct though.

I do find the conclusion of the commission to be odd though. If this is an incorporated company, the corporation would bear any liability, not the "owner". In such situations, others could represent the corporation in court without the need for the "owner" himself to be there.

Since this involves an elderly person, I would look for legal aid or assistance specificaly intended to assist the elderly. Try to find a California pro-bono association, if you are anywhere near any law schools, they often have programs that may assist in circumstances such as this and many governmental jurisdictions have legal aid groups.