What is the name of your state? California
Okay...now I need to amend my complaint to reflect new defendants.
The two named defendants are a woman and her company an LLC and I also included Does 1-25.
I used the judicial form complaint for Breach of Contract and for Fraud.
The woman told me before I filed a suit, that her husband had no knowledge of the contract she and I had and in fact would not be able to handle it emotionally if he knew. I believed her and did not name him in the suit even though I knew his name. I thought I could get clarification through discovery.
She has not been participating in discovery.
The woman has an LLC. When I looked it up on the State's website, it did not list any members.
Later I discovered her daughter is a member of the LLC (from a different state's website). Or at least I think it her daughter. I only know her daughter's first name and the other member has the same name AND her daughter used to work for. So I am pretty sure it is her daughter.
I want to bring both parties into the suit by changing their status from Doe to named.
I believe her husband is a silent partner (frankly his income flat supports the company) and now believe her daughter is a member of the company. I also believe this woman is hiding her assets under her husband's name.
Since the suit is about fraud, I have already pierced the corporate veil by suing the woman personally.
Now both these folks I knew the names of (or at least first names) when I filed my suit. I did not however know of any wrongdoing on their part and that is why I needed to find out if they participated in this fraudulent activity.
I sent Requests for Admissions to the woman and her company. In them I asked for admissions stating the connection between her husband and daughter and the company. I also asked for admissions that they both had knowledge of the fraudulent deal she made with me and that they all stood to beneift financially from the money I loaned. True to form, she hasn't replied and I filed a motion to get these things admitted. Then I want to include the Does (her relatives) based upon my knew knowledge.
Any problems with this?
The second issue is about changing the actual complaint instead of just ficticious names. Do I need to? The Cause of Action for Breach of Contract uses the term "defendants" in every line of the complaint. But in my description of "the agreement" I used the company name and the woman's name. Since I never talked to her husband or daughter, I couldn't use their names or any other names in the description of my agreement.
The Cause of Action for fraud says "defendants" everywhere too. My description of the fraud uses the term "defendants".
Should I just file a change of Doe names or do I need to rewrite/amend the wording in my complaint? Or just let them object and then amend to explain how they are involved?
Okay...now I need to amend my complaint to reflect new defendants.
The two named defendants are a woman and her company an LLC and I also included Does 1-25.
I used the judicial form complaint for Breach of Contract and for Fraud.
The woman told me before I filed a suit, that her husband had no knowledge of the contract she and I had and in fact would not be able to handle it emotionally if he knew. I believed her and did not name him in the suit even though I knew his name. I thought I could get clarification through discovery.
She has not been participating in discovery.
The woman has an LLC. When I looked it up on the State's website, it did not list any members.
Later I discovered her daughter is a member of the LLC (from a different state's website). Or at least I think it her daughter. I only know her daughter's first name and the other member has the same name AND her daughter used to work for. So I am pretty sure it is her daughter.
I want to bring both parties into the suit by changing their status from Doe to named.
I believe her husband is a silent partner (frankly his income flat supports the company) and now believe her daughter is a member of the company. I also believe this woman is hiding her assets under her husband's name.
Since the suit is about fraud, I have already pierced the corporate veil by suing the woman personally.
Now both these folks I knew the names of (or at least first names) when I filed my suit. I did not however know of any wrongdoing on their part and that is why I needed to find out if they participated in this fraudulent activity.
I sent Requests for Admissions to the woman and her company. In them I asked for admissions stating the connection between her husband and daughter and the company. I also asked for admissions that they both had knowledge of the fraudulent deal she made with me and that they all stood to beneift financially from the money I loaned. True to form, she hasn't replied and I filed a motion to get these things admitted. Then I want to include the Does (her relatives) based upon my knew knowledge.
Any problems with this?
The second issue is about changing the actual complaint instead of just ficticious names. Do I need to? The Cause of Action for Breach of Contract uses the term "defendants" in every line of the complaint. But in my description of "the agreement" I used the company name and the woman's name. Since I never talked to her husband or daughter, I couldn't use their names or any other names in the description of my agreement.
The Cause of Action for fraud says "defendants" everywhere too. My description of the fraud uses the term "defendants".
Should I just file a change of Doe names or do I need to rewrite/amend the wording in my complaint? Or just let them object and then amend to explain how they are involved?
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