[WSBARP] suing members of LLC

[Lisa Vargo]

Hi Josh,

 

I don’t have any sample language on hand, but you can use the same language that you would use to plead individual liability under circumstances where the entity involved is a corporation pursuant to RCW 25.15.060, which states:

 


RCW 25.15.060

Piercing the veil.

	

Members of a limited liability company shall be personally liable for any act, debt, obligation, or liability of the limited liability company to the extent that shareholders of a Washington business corporation would be liable in analogous circumstances. In this regard, the court may consider the factors and policies set forth in established case law with regard to piercing the corporate veil, except that the failure to hold meetings of members or managers or the failure to observe formalities pertaining to the calling or conduct of meetings shall not be considered a factor tending to establish that the members have personal liability for any act, debt, obligation, or liability of the limited liability company if the certificate of formation and limited liability company agreement do not expressly require the holding of meetings of members or managers.

 

Good luck!

 

Lisa C. Vargo |  Of Counsel 

Telephone:  (206) 595-4816

Facsimile:  1-866-827-0425

Email:   <mailto:lisa at staceyromberg.com> lisa at staceyromberg.com

Office hours: 9:30 a.m. – 3:00 p.m. on Monday, Tuesday, Thursday and Friday

 


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Stacey L. Romberg, Attorney at Law
Telephone:  (206) 784-5305
Fax:  (206) 789-8103
Website:  <http://www.staceyromberg.com/> www.staceyromberg.com

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, December 01, 2014 5:16 PM
To: wsbar
Subject: [WSBARP] suing members of LLC

 

I need to sue a Washington LLC, and I want to also sue and allege individual liability by the two individuals (H&W) listed as members of the LLC.  Piercing the veil except it is a LLC not a corp.

 

anyone have any suggested language for alleging the individual liability I could use?

 

These are people who granted client a mortgage, but it turns out what they mortgaged was subject to a prior real estate contract which will  be forfeited and there goes the client’s mortgage.

 

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

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