LLC v. Jeffrey Love et al. (2011)

MEMORANDUM OF DECISION

The plaintiff in this collection matter seeks to collect monies claimed to be due and owing for certain plumbing labor and material it provided in the construction of a veterinary clinic in the town of Willington.

The named defendant, Jeffrey Love, denies personal liability on the grounds that he set up a limited liability company (T.J.E., LLC) and T.J.E., LLC not Mr. Love, proceeded with the construction of the veterinary hospital, including the plumbing work therein.

The plaintiff had a working relationship with Jeffrey Love for about ten years before the veterinary job.   That included about six new homes and several small jobs.   They never had any written contracts on any jobs (including the one in dispute).   In the past Mr. Lutzen would notify Mr. Love what he was owed and Mr. Love would usually pay him by check.   Mr. Lutzen could not recall whether any of those checks were drawn on the account of T.J.E., LLC and none of these checks was put into evidence.   However, the Articles of Organization for T.J.E., LLC was filed with the Secretary of State on May 7, 2007.   The plaintiff began working this project in December 2008.

The plaintiff carries the burden of proving the allegations of its complaint.   As it applies to this case, the plaintiff, if it is to hold a member or a manager of T.J.E, LLC (i.d., Jeffrey Love) individually liable, must pierce the Corporate veil.  Sturm v. Herb Development LLC, 298 Conn. 124 (2010).   It takes “exceptional circumstances” to pierce the Corporate veil.   Those exceptional circumstances include fraud, or perhaps a personal guarantee to be responsible for a corporate debt.   See Keefe v. Norwalk Cove Marina, Inc., 57 Conn.App. 601, 613 (2000).

The Court does not find sufficient evidence to pierce the Corporate veil and, therefore, as to Count One, enters judgment for the defendant, Jeffrey Love.

As to Count Two, counsel for the defendant T.J.E., LLC, conceded that $11,992.50 is due and owing to the plaintiff Lutzen Plumbing, LLC and has stipulated to judgment in that amount.

Accordingly, as to Count Two judgment shall enter for the plaintiff in the amount of $11,992.50.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.