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Plaintiff sued co. &every male including me for sexual harassment. I left co. before lawsuit; Co. didn't tele me I was served.

Irvine, CA |

I worked at a company as HR consultant. Plaintiff, whom I never saw sued Co. and every male, including me lying about sexual harassment. She served me at the co. 6 months after I left the company. Company never told me she sued or I was served. Co. knew my address. Co. answered the complaint on behalf of everyone but me (we had a fight about them not paying my invoices). Co. settled. No Notice of SEttlement filed but a Request for Dismissal with Prejudice as to everyone but me. Now I just got served with the complaint at the address i lived at for over 1 year. Can I sue the company for not telling me I was served or including me in the defense/ settlement, etc? Do I have a defense for not being served and not being included in the lawsuit/settlement?

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Attorney answers 5

Posted

The comment about the fight over the payment of invoices needs to be explained more in order to give a better answer. But it appears that your former company accepted service for you. If they did, they were obligated to tell you. However, the fact that the plaintiff served you now may mean they know that the previous service was defective. You need to find an attorney who can file a Motion to Quash Summons.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

You have already posted this same question on this Listserve. Go see an attorney, as was previously suggested.

Posted

Something doesn't quite add up: if you were served before and didn't answer your default would have been taken. You have no "damages" because the company didn't tell you. You may have damages because the company did not defend you. You need to immediately reduce your facts to written form and take it with the complaint to an employment litigator. There are several fantastic employment litigators from Irvine that post on Avvo.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

You have already posted this same question on this Listserve. Go see an attorney, as was previously suggested.

Posted

I agree with my colleges that you need to contact an employment attorney to help finding out whether the initial service was accepted by the company in your behalf, and if so, why they did not contact you or even defend you. Under the Labor and Corporation statutes in California, employees who are sued for performing their duties withing the scope of their employment are entitled for indemnification of their legal cost defending claims against them by others. In the event, the initial service was defective, hence the second time service, if properly served, you have 30 days to response to avoid default. I suggest you contact an employment attorney immediately to avoid future and additional troubles.

Amir Mostafavi, Esq. Law Offices of Amir Mostafavi 11500 W Olympic Blvd., Suite 400 Los Angeles, CA 90064 Phone: (310) 444-3080 Fax: (310) 444-3090 www.emplaws.com amirm@emplaws.com CONFIDENTIALITY NOTICE: This e-mail and any documents, files or prior e-mails attached to this e-mail may contain confidential information that is legally privileged, confidential, and exempt from disclosure under applicable California and federal laws. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If you are not the intended recipient or responsible for delivering this e-mail to the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this e-mail or attached to this e-mail is STRICTLY PROHIBITED. If you have received this e-mail in error, please notify us by reply e-mail, and destroy the original transmission and its attachments without reading or saving them. If you are a potential client, the information you disclose to us by email will be kept in strict confidence, and will be protected to the full extent of the law. Please be advised, however, that you are not represented by Law Offices of Amir Mostafavi and its lawyers until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case(s) or potential case(s). Thanks You.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

You have already posted this same question on this Listserve. Go see an attorney, as was previously suggested.

Posted

Not enough info to know whether you have a claim against the employer for indemnification.

The fact that the employer did not invite you to the settlement discussion is no defense; however, you MAY be able to file a cross-complaint against the parties who you feel may be responsible for plaintiff's damages, if any.

You were wise to ask on AVVO. Now you would be wise to see an experienced employment litigation/business attorney right away.

David Mallen
www.elsegundocaemploymentattorney.com

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is only licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies. Information posted in responses to legal questions and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

You have already posted this same question on this Listserve. Go see an attorney, as was previously suggested.

Posted

You posted this question before and got some very wise answers. I wonder why you post this yet again.

Your post contains some facts that do not make procedural sense. I think you would be best served to immediately find counsel to defend you and that attorney can review what has occurred and figure out the procedural history of the case.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Michael Charles Doland

Michael Charles Doland

Posted

Mr. Pedersen practices where you post from and is a very long term, well respected expert in employment law here on Avvo.

Neil Pedersen

Neil Pedersen

Posted

Thank you for the kind words Mr. Doland.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

You have already posted this same question on this Listserve. Go see an attorney, as was previously suggested.

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