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I am an orthodontist practicing in Alameda County (northern…

Hi Pearl. I...

Hi Pearl. I am an orthodontist practicing in Alameda County (northern california). I have been sued by two of my ex-employees for not paying them overtime pay. The statements that are made in the lawsuit are untue and I can easily prove them so I have decided to represent myself. They form that their lawyer used was SUM-100. Do you know what form I am supposed to use to respond if I am denying the charges?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California (Alameda County)

Lawyer's Assistant: Has anything been filed or reported?

I have not filed anything but their attorney filed a suit. The thing is that this attorney is in San Diego which is REALLY far (8 hour drive)

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Answered in 7 minutes by:
1/20/2018
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,700
Experience: attorney at self
Verified

I am sorry to hear this.

Were you served with a complaint along with the SUM-100?

If so, is the complaint on a judicial council form, or is it on pleading paper?

What are the causes of action in the complaint?

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Customer reply replied 4 months ago
I am sorry, I am not familiar with legal terminology. So I will explain it. The whole thing is 9 pages. The first page is obviously a court form that says "SUMMONS", it's form SUM-110. The second and third pages are obviously court forms (CM-010). These two pages explain what kind of case this is. The remaining pages are these pages that have numbers on the left side with a vertical lines on each side. There are four causes of action: 1) Failure to pay wages/overtime, 2)"Waiting Time Penalties" (meaning I did not pay these employees soon enough after they left), 3) Violation of Business and Professional Code 17200 (not paying enough wages, not providing accurate wage statements, not paying overtime), 4)Failure to Itemize Wage Statements. We have a professional payroll company that handles all of our payroll stuff. The statements that are made can easily be proven to be untrue. The other thing is that their attorney is in San Diego (very far away).
Customer reply replied 4 months ago
Online is fine with me.
Customer reply replied 4 months ago
Sorry, I wrote the form they used was SUM-110 but it's SUM 100 (in case it matters)

Is the complaint verified?

Which County is this in?

N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,700
Experience: attorney at self
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Customer reply replied 4 months ago
I don't what "verified" means in this context. It's in Alameda County. There is an "Initial Case Management Conference" schedule for 5/3/2018, if that's any help. In the Summons, it says I have 30 days to respond

Verified means there is a page at the end of the complaint that states I declare under penalty of perjury that the allegations are true.

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Customer reply replied 4 months ago
There is no such statement anywhere in the complaint

If it is not verified, you can file a general denial, but just because the plaintiffs don't have a valid claim is not a reason for you not to have a lawyer.

If they sued your business entity, you have to have a lawyer because you cannot represent your own corporation.

What defendants are named in the complaint?

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Customer reply replied 4 months ago
Bobby Shemirani, DDS MS Inc., a California Corporation and DOES 1 through 10, inclusive
Customer reply replied 4 months ago
I am Bobby Shemirani

DDS MS Inc. is a corporation, meaning you must get an attorney to file a response.

You can get a free consultation from some of the business attorneys listed by location here.

Your attorneys' fees and court costs should be deductible as a business expense.

I hope this information is helpful.

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Customer reply replied 4 months ago
Why can't I represent myself?

You can represent yourself but you cannot represent the corporation.

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Only an attorney can represent the corporation.

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Customer reply replied 4 months ago
Even an S corp?

Yes, even an S corporation needs an attorney unless the case is in small claims court.

I don't make these laws, I just answer questions, and I am sorry this is not the answer you had hoed for, but it would be a disservice to you, and unprofessional of me, not to provide accurate information.

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Customer reply replied 4 months ago
Sorry if I gave the impression that I am not upset at you. I wasn't sure if the same law applies to S corps, C corps or LLCs. That's all. Thank you for your help.
Customer reply replied 4 months ago
Ok, thanks

Thank you for using Just Answer, and thank you very much for the great rating!

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N Cal Atty
N Cal Atty
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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