Suing 2 businesses at the same time?

[trevor15]

What is the name of your state? FL

I had few vehicles illegally towed from my place of business.Towing company violated local towing ordinance and overcharged.But I also blame the landlord for what happened because they don't have clear parking rules and change them all the time without notifying us the tenants.

My question is can I sue them both in SCC or? Is it a good idea to begin with?..or just sue the towing company and if it doesn't work- go after my landlord?

Thank you.
P.S. I already asked at the court house if I can sue them both and lady behind the counter didn't know.

 

[HighwayMan]

What does South Carolina have to do with it if you're in Florida? Is this related to the attorney that you want to sue?

 

[Shadowbunny]

What does South Carolina have to do with it if you're in Florida? Is this related to the attorney that you want to sue?

I'm pretty sure SCC means Small Claims Court.

 

[quincy]

What is the name of your state? FL

I had few vehicles illegally towed from my place of business.Towing company violated local towing ordinance and overcharged.But I also blame the landlord for what happened because they don't have clear parking rules and change them all the time without notifying us the tenants.

My question is can I sue them both in SCC or? Is it a good idea to begin with?..or just sue the towing company and if it doesn't work- go after my landlord?

Thank you.
P.S. I already asked at the court house if I can sue them both and lady behind the counter didn't know.

SCC=Small Claims Court

You can name more than one defendant in your suit if you are suing the defendants over the same legal issue, this even when the disposition of one claim is dependent on the disposition of the other claim.

 

[trevor15]

2 separate cases. SCC is for Small Claims Court

 

[quincy]

You can name both the landlord and the tow company in your suit if the claims are connected.

It appears to me that you have two separate disputes.

 

[trevor15]

Thank you so much quincy

 

[quincy]

Thank you so much quincy

You're welcome, Trevor. I appreciate the thanks.

Good luck.

 

[HighwayMan]

I'm pretty sure SCC means Small Claims Court.

Duh. I know. I've seen SCC so many times that I thought I was seeing "SC" in there somewhere

.

 

[quincy]

Duh. I know. I've seen SCC so many times that I thought I was seeing "SC" in there somewhere

.

It is an easy mistake to make but Trevor's posting in the Small Claims Court section of the forum was a clue.

 

[Just Blue]

Duh. I know. I've seen SCC so many times that I thought I was seeing "SC" in there somewhere

.

I though the same.

 

[quincy]

I though the same.

The family law section of the forum is the one that I have the most trouble in because of all the initials used. Downright confusing.

 

[Litigator22]

You can name both the landlord and the tow company in your suit if the claims are connected.

It appears to me that you have two separate disputes.

What is the name of your state? FL

I had few vehicles illegally towed from my place of business.Towing company violated local towing ordinance and overcharged.But I also blame the landlord for what happened because they don't have clear parking rules and change them all the time without notifying us the tenants.

My question is can I sue them both in SCC or? Is it a good idea to begin with?..or just sue the towing company and if it doesn't work- go after my landlord?

Thank you.
P.S. I already asked at the court house if I can sue them both and lady behind the counter didn't know.

The answer is no. You cannot litigate your claims against the landlord and towing company in one lawsuit. They are separate and independent causes of action.

The rule is that in order to join two or more defendants in the same lawsuit it must appear: (1) that the claims against each defendant arise out of the same transaction or occurrence and (2) that there are questions of law or fact common to all the defendants.

Here the only shared factual incident is the towing of the vehicles. There is no transactional relationship nor are there any questions of law common to each claim.

 

[quincy]

The answer is no. You cannot litigate your claims against the landlord and towing company in one lawsuit. They are separate and independent causes of action.

The rule is that in order to join two or more defendants in the same lawsuit it must appear: (1) that the claims against each defendant arise out of the same transaction or occurrence and (2) that there are questions of law or fact common to all the defendants.

Here the only shared factual incident is the towing of the vehicles. There is no transactional relationship nor are there any questions of law common to each claim.

I did not want to make any definitive statement without all of the facts but I agree with you that it appears from what has been said that the claims are separate and should, therefore, be filed separately. Additional facts could change that assessment.