Hester v. Landau

Aurora Landau was a dancer at the Showboat Show Club in Anchorage. She filed a complaint against Showboat Show Club Anchorage, LLC, seeking to recover unpaid wages, overtime compensation, and impermissible deductions from her earnings. Her suit also named the LLC’s two members and managers, Terry Stahlman and James Goard. Stahlman, also the LLC’s registered agent, was personally served a summons and complaint for all three defendants at his Anchorage residence, which was listed in the LLC’s state licensing reports as the entity’s principal office and both Stahlman’s and Goard’s member address. One of the owners died while the suit was pending, and Landau substituted the owner’s estate in the proceedings. Judgment was eventually entered in favor of the former employee. A year later the deceased owner’s widow moved for relief from the judgment as the sole beneficiary of his estate, arguing that neither her husband nor the estate had been properly served with notice of the suit. The former employee responded that service had been proper and that, in any case, the widow did not have authority to file a motion on behalf of the estate. The court denied the motion on the ground that the widow had not shown good cause for relief from the judgment. After review, the Alaska Supreme Court affirmed on the alternate ground that the widow did not have authority to act on the estate’s behalf. View "Hester v. Landau" on Justia Law