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Can I name all the individual partners as Defendants if I sue a General Partnership?

Phoenix, AZ |

If I file suit against a General Partnership for various intentional torts, am I legally permitted to also include each individual partner of the General Partnership itself as Defendants in the suit?

Attorney Answers 3

Posted

This depends on the facts of the case. If the general partnership is a true general partnership (not a limited partnership), then each of the partners is individually liable for the partnership's liabilities anyway. But it is very rare nowadays to see a business intentionally structured as a general partnership. I wonder if you meant to say that the business is a limited partnership, with general partners?

Even if the entity is a limited partnership (or some other form of entity besides a general partnership), then if the intentional torts were personally committed by the individual partners, then you probably can sue them individually. In addition, there may be grounds to "pierce the veil" of ownership and hold the owners liable for what they have done. However, this must be done properly and should be based upon actual facts known to you. You will want to discuss those aspects with an attorney.

Brad Denton
480-655-7440
GundersonDenton.com

This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

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Asker

Posted

Thanks for the response, this is very helpful. Believe it or not, the Defendant in question does business as a true California General Partnership. While I understand that all of the individual partners are jointly liable, does that mean that I can actually name all of the individual partners as Defendants, or does it only mean that the individual partners would be responsible for satisfying any judgement that would be entered against the General Partnership. I'm just trying to determine if I can actually name every individual partner as a Defendant even though it was only the General Partnership that committed the torts?

Brad A Denton

Brad A Denton

Posted

If the general partners are liable then yes, you should name them as defendants. Otherwise at the end of the lawsuit you won't have a judgment against them.

Posted

Generally, you may name the partnership and all of the general partners in a case. However, there are exceptions to the liability of a partner and to the liability of a partnership. You should definitely speak to attorney.

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Posted

Without knowing more about the nature of the case and the nature of the partnership, I agree with the comments above.

The above statement does not create an attorney-client relationship and the submitting party should not consider the responding their attorney.

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