[WSBARP] Litigators Help - Summary Judgment to Dismiss Employee

Tom J. Westbrook tjw at w3net.net
Wed Jun 4 16:32:24 PDT 2014


Hi Paul,

 

If the Manager isn’t an owner, then can’t be personally liable for
obligations of LLC.

 


RCW 25.15.125

Liability of members and managers to third parties.

	

(1) Except as otherwise provided by this chapter, the debts, obligations,
and liabilities of a limited liability company, whether arising in
contract, tort or otherwise, shall be solely the debts, obligations, and
liabilities of the limited liability company; and no member or manager of
a limited liability company shall be obligated personally for any such
debt, obligation, or liability of the limited liability company solely by
reason of being a member or acting as a manager of the limited liability
company.

     (2) A member or manager of a limited liability company is personally
liable for his or her own torts.

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

 

Olympia Office:

Evergreen Plaza Building

711 Capitol Way S.

Suite 101

Olympia, WA 98501

 

Telephone: 360-357-7400     

Facsimile:  360-357-7414

Email:         tjw at w3net.net

Skype: thomas.westbrook

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, June 04, 2014 12:21 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators Help - Summary Judgment to Dismiss Employee

 

I am spending a lot of time spinning my wheels for this research.  I
represent the general manager (employee) of an LLC and the LLC.  Opposing
party sues general manager and the LLC for breach of contract.  All
contacts with OP identified individual as general manager of LLC.  Written
contract was with LLC, all invoices were issued by LLC, and OP cut all
checks to LLC.  OP has not pled “piercing the veil”.  I am preparing a
summary judgment action to dismiss the employee as an improper party but
can’t find any cites or law that discuss this.  Any help out there?

 

 

 

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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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