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I just got served with a business lawsuit and the plaintiff

Resolved Question:

I just got served with a business lawsuit and the plaintiff is suing me personally when he should be suing my Corporation. should I file a demurrer?
Submitted: 1 year ago.
Category: Business Law
Expert:  Legalinfomd replied 1 year ago.

Legalinfomd : Hello. I will rspond to your question.
Legalinfomd : Yes you should file a demurrer asking that the case be dismissed for failure to state a cause of action against you personally. Assuming that the business transaction that is the subject of the complaint was between the plaintiff and your corporation, then the proper party that should have been sued is the corporation.
Legalinfomd : An individual does not have personal liability for the acts of a corporation, except in rare exceptions such as fraud. but assuming this is a breach of contract case, your demurrer should succeed.
Legalinfomd : I hope that this information has been useful. Please be sure to leave a positive rating for my response so that I will receive credit for my time. Thank you and good luck with your defense.
Customer:

Thank you for the prompt answer

Legalinfomd, Attorney
Category: Business Law
Satisfied Customers: 150
Experience: Attorney with 24 years of experience in business law.
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