Legal Question in Administrative Law in California

Re: Fight to get my name off of a case

A full answer requires a little more information about why you were named and served. It could either be a total and unwitting mistake on the part of the plaintiff or its lawyer, or it could be that you were included because the plaintiff has some reason, even though incorrect, to believe some liability can be pinned on you.

There are some rather technical motions that can be made to obtain relief; knowing which of these to use and which ones might only get you into deeper trouble (by having made an "appearance" in the case) is a job for an attorney with litigation experience and a good knowledge of civil motion law and procedure.

By name, these include a motion to quash service of process, a motion to dismiss, a demurrer, a motion for summary judgment, and a few others.

Another way is to contact the attorney who filed the case and ask for his or her theory on why you should be a defendant. Then give your reasons why the case has nothing to do with you. Be a bit cautious about what you admit, and listen for any elements of agreement, surprise, lack of confidence, or other telltale signs in what the attorney says regarding his/her case against you. You should mention that if the suit is totally baseless, you may be entitled to your legal costs and fees spent in obtaining dismissal.

Then, if this doesn't work, get a lawyer to take the same steps for you, and then if necessary to prepare and file the appropriate motion or other response.

Be sure not to let the deadline for filing a response to the summons and complaint go past (assuming you haven't already answered or missed the date). If you've missed the response date and your default has been entered, your lawyer can probably obtain relief from default for you.

Re: Fight to get my name off of a case

By proper motion [demurrer, to strike, judgment on the pleadings, summary judgment] to convince the judge you should properly be dismissed from the case. Feel free to contact me if interested in getting legal help doing it right, and if the case is in SoCal.