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  1. #1
    Join Date
    Apr 2010
    Posts
    1

    Default Breach of Contract

    My question involves business law in the state of: California

    The background:
    99% of service has been rendered so far and services provided has been satisfactory. The company started dispute over an invoice. Now the company is simply avoiding payment. We have no choice, but to sue the company.

    My questions are:
    The service contract was signed by the individual at the company. The company have failed to include the actual legal name of the company and have used the Expried Fictitious Business Name only in a contract.

    1) Are the terms of the contract still valid and enforceable?
    2) In a breach of contract lawsuit, can we sue an individual who signed the contract?
    3) Just like New York, Summons With Notice can be served to a person/company in California?

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Breach of Contract

    Sue the individual and the company of course.

    You can show the company received and benefitted from the services.

    If a dba expires, then the individuals behind the business can be personally liable. For instance, a newspaper here is a dba owned by an LLC which is owned by a father and three sons. The dba for the newspaper was owned by the LLC so it had a corporate shield by extension. However, they let the dba expire, thus the dba has no shield and the individual owners of the LLC are responsible for its torts including the punitive damages.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Breach of Contract

    Is this a contract you drafted or one they drafted?

    1. I don't see why the contract would not be enforceable - they wanted services, you provided them and, up to the dispute, they were paying as required by the contract. You may end up having to pick your poison - if you are presenting the mutually inconsistent claims that (a) the company isn't properly named to the contract, such that it is with the individual; or (b) the company is the proper defendant and the individual signed as its officer. Past practice seems to support (b).

    2. You can sue whomever you believe may be liable.

    3. Both individuals and companies are subject to service of process.

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