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re: Attorney Question???

Posted on 1/18/13 at 11:57 am to
Posted by rmc
Truth or Consequences
Member since Sep 2004
26560 posts
Posted on 1/18/13 at 11:57 am to
quote:

I wouldn't do that, if I were you, without a proper factual foundation.


You shouldn't try to sue anyone without a "proper factual foundation." That goes without saying. If you get into discovery and its evident that there is no cause of action against the owner then you drop it. Are you suggesting someone is going to get sanctioned over suing the owner in the facts given?
Posted by OTIS2
NoLA
Member since Jul 2008
50218 posts
Posted on 1/18/13 at 12:08 pm to
I can't state a cause of action against an owner without alleging facts that support liability. We know just stating that "Defendant X,as the owner of the subject vehicle, is obligated to Paintiffs" is not worth the ink used to print the sentence. I add owners when I can support the claim, and only when I can support the claim,whether at filing or later by amendment.
This post was edited on 1/18/13 at 12:10 pm
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