Eric J Camm’s Answers

Eric J Camm

Seattle Business Attorney.

Contributor Level 12
  1. How to dismiss complaint that is totally made of false allegation?

    Answered almost 3 years ago.

    1. Eric J Camm
    2. Michael S. Haber
    3. Kent Neil Doll Jr.
    3 lawyer answers

    As stated in the answer above, the two main methods for seeking dismissal of an action come through either (i) a motion to dismiss, generally brought prior to the answer being filed, alleging that legally the complaint is insufficient as drafted to support any claims; and (ii) a summary judgment motion, arguing that the established facts on the record show that as a matter of law, there is not way for the other side to prevail in the action. Both motions are difficult to prevail on, as the...

    3 lawyers agreed with this answer

  2. Can a non-profit organization legally demand the resignation of the Chairman of the Board without cause or in retaliation?

    Answered over 1 year ago.

    1. Eric J Camm
    2. David Raymond Mahood
    3. Philip Leon Marcus
    4. John P Corrigan
    4 lawyer answers

    The requirements set forth in the Bylaws are enforceable. If a board is ignoring those procedures then an aggrieved party with standing may be able to take further action to have the wrongful actions invalidated. I would meet with an attorney who has experience with nonprofits and who will be able to handle dispute resolution if you want to pursue this matter further.

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  3. If my employer asks me to run a sweepstakes that is later found to be illegal, who is liable?

    Answered over 1 year ago.

    1. Brad S Kane
    2. Michael Charles Doland
    3. Eric J Camm
    4. Neil Pedersen
    4 lawyer answers

    Your instincts are correct inasmuch as your company should absolutely talk to an attorney before running any kind of sweepstakes or other promotion that could be determined to be gambling or a 'game of chance.' Your company cannot require you to do something that is potentially in violation of California or federal law. I would contact a business attorney in LA as soon as possible to discuss this further and find out what your rights as an employee are.

    4 lawyers agreed with this answer

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  4. What kind of attorney do I need hire?

    Answered over 1 year ago.

    1. Aalok Sikand
    2. Michael Charles Doland
    3. Eric J Camm
    3 lawyer answers

    With judgment in hand a good collections attorney would be a good next step.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Do I need to have LLC "Operating Agreement" if it's a sole member LLC?

    Answered over 1 year ago.

    1. Andrew Kevin Jacobson
    2. Eric J Camm
    3. John Noah Kitta
    4. Alan James Brinkmeier
    5. John P Corrigan
    5 lawyer answers

    Most lawsuits against LLCs and Corporations look for ways to "pierce the corporate veil" to get through to the individuals behind those entities. Maintaining proper corporate decorum and governance (by having and Operating Agreement, etc.) is a good way to help defeat those arguments because it shows that even though it was just a sole member LLC - you still took it seriously and treated it as a separate entity.

    4 lawyers agreed with this answer

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  6. I have a small company and there are 3 business partners. One of them has been selling our product on the side which we bought.

    Answered over 1 year ago.

    1. Eric J Camm
    2. Scott Richard Kaufman
    3. Frank A. Natoli
    3 lawyer answers

    As partners in a business you all owe a fiduciary obligation to the company and to each other. If one partner has violated that and is taking action that is detrimental to the company - the other partners should take immediate action to rectify this situation. Before you take out your money and terminate your association - make sure you have reviewed your corporate governance documents to determine the appropriate procedure for doing so. It is understandable that you are upset at this...

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  7. Am I personally liable for business debts?

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Michael Charles Doland
    3. Eric J Camm
    4. Margarita G. Smirnova
    4 lawyer answers

    If the motion for default is against the original defendant and you are still not named as a party then it doesn't sound like the Plaintiff is trying to hold you personally liable. I would contact a lawyer to make sure you have properly wound down the entity and are protected.

    4 lawyers agreed with this answer

  8. After cancelling my direct tv acct., they took almost $600.00 from my bank acct. for early termination. How can I get it back

    Answered over 1 year ago.

    1. Celia R Reed
    2. Eric J Camm
    2 lawyer answers

    If the contract you signed has a provision for early termination (and a fee associated with it) then you may be out of luck. You could always try and argue that they breached the agreement first by failing to provide the service that was anticipated but that is likely going to be very difficult to prove. Those contracts are just not written in a manner that is beneficial for the end user. You are locked in and the company's definition of performance is loosely defined. There may even be a...

    4 lawyers agreed with this answer

  9. In a minority stockholder action, who pays for the minority stockholder's attorney's fees?

    Answered over 1 year ago.

    1. Brian W. Erikson
    2. Eric J Camm
    3. Rafiq Zul Dhanani
    4. Frank A. Natoli
    4 lawyer answers

    In addition to the statutory authority cited by Mr. Erickson - I would review the company's governance documents (Bylaws, Shareholders' Rights Agreement, Etc.) to see what kind of indemnification and/or dispute resolution provisions are set forth. It's possible that there will be a provision stating that a prevailing party is entitled to cost recovery in a dispute and that would be another potential avenue to explore. I think it would be a good idea to meet with a business litigator in...

    4 lawyers agreed with this answer

  10. Can anyone draw up contract papers to add partner to already llc

    Answered over 1 year ago.

    1. Eric J Camm
    2. Shawn B Alexander
    3. Frank A. Natoli
    4. John P Corrigan
    4 lawyer answers

    Your Operating Agreement should set forth the process of adding members and most business attorneys in Ohio should be able to sit down with you and draw up the necessary paperwork.

    4 lawyers agreed with this answer