Can you sue yourself?
Well, apparently you can try.
In Lodi v. Lodi, plaintiff and defendant Orestre Lodi tried to sue himself for an “Action to Quiet Title Equity” in regards to an estate he was the beneficiary of.
Lodi properly served himself, and when he failed to respond, moved for default judgement against himself. The trial court, in Shasta County, California, denied Lodi’s request. Lodi appealed.
“…[T]he complaint was not drawn in conformity with the laws of this state and was thus properly subject to the court’s own motion to strike under §436(b)…
[I]n the circumstances, this result cannot be unfair to Mr. Lodi. Although it is true that, as plaintiff and appellant, he loses, it is equally true that, as defendant and respondent he wins. It is hard to imagine more even handed application of justice. Truly, it would appear that Oreste Lodi is that rare litigant who is assured both victory and defeat regardless of which side triumphs.” Lodi v. Lodi, 173 Cal.App.3d 628 (1985).
When considering how to award court costs, the judge held that if the respondent/defendant/beneficiary should be awarded his costs of suit on appeal, which he could thereafter recover from himself, that equities would be better served by requiring each party bear his own costs.
While unclear as to the purpose of this lawsuit, the court noted that Lodi requested a copy of his complaint be served on the IRS. The court speculated that this (a state entered judgement) may be of some advantage to Lodi under the Internal Revenue Code.
Related posts:
- Legal Humor: “Party On” in State Court Going with my recent fascination with humorous court opinions, I...
- Legal Poetry Plaintiff brought action in tort against defendants for damage to...
- Scalia on Golf It has been rendered the solemn duty of the Supreme...
Are you serious?
Get a hobby…