February 1, 2022

On February 1, 2022, DSB obtained the voluntarily dismissal of a claim against a property owner by an individual who claimed to have rented the premises from and/or been defrauded by an individual who was a minority non-controlling member of the LLC that owned the property.  DSB moved to dismiss, arguing that on the face of the complaint the controlling member of the LLC had no involvement and the other individual had neither actual nor apparent authority to bind the entity.  DSB also sought sanctions for improperly filing a lis pendens.  Rather than oppose the motion, Plaintiff agreed to voluntarily withdraw the action.