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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am the office manager for a company. I do pay role, bus.

Resolved Question:

I am the office manager for a company. I do pay role, bus. accts, hire/fire, customer complaints, acct. receivable, ect.
The company I work for has a civil lawsuit against from a previous customer. I am named as a defendant along with the company and the qwner oif the company.
The lawsuit states the customer was told one thing when she signed up and that was not what we delivered.
How would that be me. I don't do any sales, we have a sales person foir that.
I do not promise anything that again is our sales person. I just let customers know what they are required to do next based on what I am told by the owner.
How do I respond?
Can I take my name off?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.

LegalPro54 :

Hello and thank you for entrusting me to answer your question. Attorneys are typically required to perform due diligence before bringing a lawsuit against someone. If a lawyer fails to do this, he or she can be sanctioned.

LegalPro54 :

It would generally be wise to write the attorney representing the party who sued you and explain the reasons why you should not be named in the lawsuit. State that they sued an incorrect party and that if further action is required, you will seek attorney's fees and costs to defend against the suit.

LegalPro54 :

If this adequately answers your question, please click "accept" so that I get credit--otherwise, I will not be paid for my time. If I have not answered your question, please let me know how I can provide clarification and I will be more than happy to do so.


Also bear in mind that the above does not constitute legal advice, nor is any attorney-client relationship created between us. I am only providing you with relevant legal information, I am not making conlusions about the applicability of that information to the facts that you have described.


Customer: replied 5 years ago.

the lawsuit is pro per from the client

there is no attorney

Expert:  Patrick, Esq. replied 5 years ago.
I see. In that case, you should write the pro per plaintiff directly. They would still be liable for your attorney fees on the same theories of law as if they were represented by an attorney.

I hope that this helps clarify my initial response, and I wish you the best of luck.
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