I'm a defendant in a lawsuit, sued individually as "trustee of XXX trust." The trust itself in not named. The only cause of action is for dec relief involving real estate. Can I demur to the complaint and, if so, on what grounds? I'm thinking misjoinder of party, but not sure.
Criminal Defense Attorney
Yes, you can be sued and it is pretty common: think about a trustee who steals. Here is a link which may give some guidance. You should get an attorney for help with the litigation. Depending on the trust, you may be entitled to reimbursement for attorneys fees..
Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.
Employment / Labor Attorney
To properly sue a trust, you sue the trust and the trustee. Take a look at this consumer site for a great resource about how to sue various entities. http://dca.lacounty.gov/tsNameParty.htm
A failure to join the trust may be a failure to join an indispensable party. You should think about how to address the issue. There may some strategy involved in timing. Consult with an attorney before you go any further.
Good luck to you.
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Lawsuit / Dispute Attorney
Because a trust is not a legal entity (like a corporation), it cannot sue or be sued, but rather legal proceedings are properly directed at the trustee. As such, the trustee is typically sued as an individual and as the trustee of X trust.
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