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Asked about 1 year ago - Los Angeles, CA
FlagIf a tenant sues/names a property manager as Defendant, the owners are jointly and severally liable even if the owners are not named in the lawsuit - right? Whether the owners are named in the lawsuit or not, how do you get the judgement to also be applicable to the owners, if the property manager was only named in the lawsuit?
The judgment would only be applicable to those named in the case. A defendant property manager might have a claim of indemnification against the property owners, but it would depend upon the nature of the claim and whether the facts were within the ordinary course and scope of the employment. The property manager should tender defense of the action to the property owners as part of the process to seek indemnification, and that should be done quickly.
As Mr. Jacobson and Ms. Smith - Chavez mentioned, the judgment is only against those defendants actually named in the complaint, served with the summons and complaint and who the tenant has proven to the court that there was a valid case against them making them liable. Each defendant must be given the opportunity to defend. While you can amend a judgment to put an new aka or alias you found for the judgment debtor, you normally cannot add new judgment debtors to an existing judgment.
As for the inability to locate the owner to serve the summons and complaint you can seek an order for publication of the summons if you show that court that you have exhausted most avenues for locating the owner.
Depending on what you sue for, the propeorty manager might not be liable. Of the property owner might not be liable. And in some circumstances, they would be jointly and severally liable.
But in any case, if you do not name the owner as a defendant, and give them a chance to defend themselves, you cannot hold them liable (except in rare alter ego circumstances.)
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