For the complaint in suing my builder individually and his company, both are at the same address. Should I send two separate complaints (one to Mr. John Dole and another to the company) or just send one complaint (titled to Mr. John Dole, individually and John Dole Construction, Inc.)?

Thank you for your help.

look on the Web for business complaints and see how it's filed.

Yungfong
If the defendant is a corporate officer in the company. You should be able send just one complaint.If however they are two separate entities you will have to serve a copy of the complaint on both.You will have to look up the official rules for Your jurisdiction.Go to the extras tab and you will find them.They are in the court rules section.Usually under something like forms of pleading.
Hope that helps.
Tom

Yungfong,

I don't know if this suggestion will help. I recently received a notice from the Housing Inspection Office in Baltimore City, Maryland. I'm challenging their authority to cite me for not having a Rental license & inspection.

Last week I sent notice to the Inspector in both is Public persona (Housing Commissioner @ government address), and his Private persona (the private man @ in care of the government address).

I mail to both personas because he is using his Public Office to knowingly committing FRAUD; after I have given notice of the error. If his office does not withdraw their action, and files suit against me; then I will file two counter-suits.

If there is FRAUD involved in your situation/contract, then you can "pierce the corporate veil" and attack both personas. That is exactly what I am doing in my situation.

Look up any case law in your area concerning "piercing the corporate veil", if you have evidence of FRAUD! If there is no evidence of FRAUD, then another strategy must be used.

Good Luck!

Thank you for your help/answers. The individual is also the president/owner of the company; therefore, only one complaint shall be sent (though I could not find/confirm the info from either the web or the court rules).

Once again, thanks for your kind help.

Jerome,

Thanks for the info. I am taking my case to the superor court and will sue the "piercing the corporate veil"

Therefore, please guide me on how to Look up any case law in my MA area concerning "piercing the corporate veil"?

1. What I did is ----
From “Extra” tap of this tutorial, select “Online Legal Research Tool,” then enter "piercing the corporate veil in Massachusetts”

2. is it safe to join the PLoL to get more info for the found case law

Thanks in advance for your help and good luck to your case!

Hello again Yungfong,

I assume from your email that you have evidence of FRAUD being committed. Am I correct?

I don't believe "Piercing the corporate veil" is an actual charge. FRAUD is the actual charge. Piercing the corporate veil is the act of removing immunity from the man/woman, and attacking the them directly.

Concerning joining PLoL; it very safe. Remember...case law is decided by your Supreme Court, Not the lower courts of inferior jurisdiction. Also, some States use the term Court of Appeals...Not Supreme Court.

I quickly looked at your State of Mass. Here is the link to your Supreme Court:

http://www.massreports.com/OpinionArchive/Default.aspx
Look up the published opinions at this site.

Finally, the US Supreme Court case law can also be used to support law in each State.
As ruled in Howlett v. Rose, 496 US 356 (1990)
..."Federal Law & Supreme Court cases apply to State court cases..."

Yungfong, I must disclose to you that I have ZERO legal training. Like you I'm learning as I go. I am only sharing with you MY personal experience. Dr. Grave's training has helped with my understanding. Don't take my word on anything. Perform your own due diligence.

Good Luck!

Yungfong,

You Secretary of State issues licenses to businesses operating in their jurisdiction. Check on The Secretary of State's website for Mass. To validate that the company you are dealing with is operating legally.

The following are just my opinion:
Sometime you will catch a company that is NOT current. You may be able to piece their corporate veil if that is the case.

You might also find other Compliance issues that are in question. Some business are required to be insured, or bonded. You may be able to piece the corporate veil on these points as well as the license issue. Here is some case law I found which might help you.

**********************************************
Kertesz v. Korn, 698 F.3d 89 (2nd Cir., 2012)
October 17, 2012

The district court's ruling was legal error. An action to pierce the corporate veil does not deny a corporation's legal existence, as the district court suggested. Rather, such an action charges that the corporation's owners used the corporation as “a mere instrumentality or alter ego” and disregarded corporate formalities. Geyer v. Ingersoll Publ'ns Co., 621 A.2d 784, 793 (Del.Ch.1992). Where a corporation's owners abuse the corporation's legally limited liability to effect injustice, the... **********************************************
Kraft Power Corp. v. Merrill, 464 Mass. 145, 981 N.E.2d 671 (Mass., 2013)

This general rule, which also applies to defeat claims against corporate principals for a corporation's acts, gives way when circumstances arise that provide an "occasion 'to look beyond the corporate form for the purpose of defeating fraud, or wrong, or for the remedying of injuries.' " Id., quoting M. McDonough Corp. v. Connolly, 313 Mass. 62, 65-66 (1943)...
... In such circumstances, the corporate veil can be pierced, as a tool of equity, to disregard the corporation's existence and impose liability on individual principals. See United States v. Bestfoods, supra at 64.
**********************************************

Jerome, Thank you so much for your info. I appreciate your time and effort. 1) Dr. Grave’s training is wonderful; 2) I am taking my builder to Superior (not Supreme) court in MA. 3) my case is related to construction of my house. Please kindly let me know if you have any info and/or good ideas to prove defect, fraud, negligence,… etc. related to the construction of a house.

Yungfong,

It has been a pleasure discussing your situation. I'm truly honored. And I will be glad to offer you my opinion. As long as you realize it's "only my opinion"... nothing more.

I hope I can call upon your help one day...smile.

I'm puzzled about your request to help you proving defect, fraud, negligence. I have no first-hand knowledge of your situation. Sorry if I misread the intent of your request.

It's up to you to provide the required proof.

But I, along with your fellow students here will help point you in the direction for finding case law, and procedural guidance. BTW, I hope some of the case law I provided you was useful.

Additionally, you might be careful on pursuing a fraud complaint. I came across some case law that appeared to make a distinction between deliberate fraud, and possible character slander. Basically, your contractor could have provided service in good faith. He could testify something beyond his control/knowledge...like substandard 3rd party building material was used.

In that situation, it's possible your complaint would have no merit. Unless you could prove something along the lines of a product recall was issued. Then it's possible you could argue that the contractor failed to perform adequate due diligence. In that case, you can't allege fraud!

Alleging fraud, where there is none, could open yourself to counter-suit! I forget the terminology; but they could state you impugn their good name, causing loss of business/customers. Prepare for that tactic to be used!

Again, this is all my opinion. Perform you own due diligence.

But it's something to consider...if you don't have irrefutable proof of fraud.

Finally, did you check the Better Business Bureau? You might find prior claims against the company.

Good Luck!

Research is the key, find the elements for cause of action of fraud, and/or misleading the consumer. Making sure your claim will be correct before you actualy file the complaint.

Thanks for your comments. My builder is not listed in the BBB. I will continue to post questions (e.g. authentication) at other sections. Thanks for all your help and advice.