Rossdale Group, LLC v. Walton

In 2010, Walton sued Rossdale. Walton, a California attorney, maintained a “litigation factory” by placing dozens of email addresses on the Internet, collecting spam messages sent to those addresses, and then demanding compensation for supposed violations of the Consumer Legal Remedies Act, Civil Code 1750. Walton‘s lawsuit was dismissed with prejudice in 2012. The same day, Rossdale sued Walton, alleging malicious prosecution. Rossdale was a fictitious business name registered in Florida to a Florida limited liability company, Miami Legal. In 2016, Walton argued that the lawsuit should be dismissed because Rossdale was "a fictitious business name registered by a company that has now dissolved.” Miami Legal argued that all of its assets and liabilities had been transferred to Rossdale Delaware, which Miami Legal called its “successor in interest to the causes of action.” The trial court dismissed for lack of standing. The court of appeals reversed. Rossdale was only a fictitious business name; no legitimate standing or jurisdictional issue was raised. This case does not involve an individual seeking to sue under a fictitious name to protect his identity, does not invoke serious privacy concerns, and did not raise any supposed violation of any fictitious name statute. View "Rossdale Group, LLC v. Walton" on Justia Law