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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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we are planning to enforce a judgment against an LLC in California.

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we are planning to enforce a judgment against an LLC in California. One of the claims is for unfair competition. Does unfair competition constitute tortious conduct for the purpose of seizing the personal assets of the members of the LLC. And how about a judgment for racketeering?
Submitted: 7 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

"Unfair competition" includes tortuous interference with a business interest, which may involve overly aggressive competition and client theft, unlawful taking of company assets, advertising that may be defamatory in nature rather than just simply based on competition, and interception of business and clients under false pretenses. Seizing personal assets, unless those assets were owned by the business, does not really constitute "unfair competition" but is instead a separate cause of action. So is racketeering--that is not "unfair competition".

Hope that helps.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 4:22 AM EST
Dimitry K., Esq. and 2 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.
Thanks. But we are planning to seize the personal assets of the other party and are trying to decide if we can do so. The main barrier is that he has formed a LLC. In California the protection afforded by his LLC is void if he has engaged in tortious conduct. One of the grounds on which we have sued and will obtain judgment is unfair competition as it is defined in California and another is racketeering. I was seeking an opinion as to whether you thought findings of unfair competition by the Court amounted to tortious conduct for the purpose of negating the protection afforded by his LLC What do you think?