Q: If I am involved in a civil law suit about a real estate partnership based on a verbal agreement and the partners were me wife the plaintiff and his girlfriend. They are suing, in addition to me personally, my LLC’s. My LLC’s were in no way involved in this partnership. No bank accounts, the LLC’s aren’t even active. They are being aged to be used later. I am trying to file a motion to get the LLC’s dismissed and to continue with the lawsuit against me personally (I know this is backwards). What motion (or law) do I file on what grounds?
A: I agree that a motion for summary judgment is the right motion to file. However, you need to file some groundwork first. Well-defined requests to admit and interrogatories will give you the foundation for your motion to succeed. In my experience on this type of case, you will want to make sure your ducks are in a row before filing. Also, the angle you take might be different depending on which Maricopa County Superior Court judge is assigned to your case.
* 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.