Legal Question in Business Law in California

I accidentally put the registered agent for the company I am suing in the defendant section when I filed the papers will this cause a problem? I listed him as the defendant and the registered agent because I was a little confused when filling it out. Under "DBA" I put the companies name and under "AKA" I also put the companies name. The address listed for the defendant is also for the company. To me it makes sense that I am suing the company and I hoping it will be understood that way. Will this cause a problem when going to court? The papers were served to the registered agent at said place of business. Will I have to file all over again and re-serve the company?


Asked on 6/08/15, 2:17 pm

2 Answers from Attorneys

Yes. You have to file an amended complaint and re-serve. A judgement can only be entered against a person or entity exactly as they are named in the complaint. So while you theoretically could go forward at least to a certain extent without correcting the error, sooner or later it would result in a request for dismissal for failure to name the real party in interest, and if you got a default it would be worthless because it would not name the proper party.

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Answered on 6/08/15, 2:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I basically agree, although if you named any "Doe" defendants, it might be simpler, cheaper and quicker to identify the proper defendant as your DOE #1, etc., then making sure all documents you're required to serve get served on the correct defendant. In any case, you need to make sure that the substantive allegations of the complaint address things the true defendant did (or didn't) do, resulting in the harm you allege.

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Answered on 6/08/15, 3:52 pm


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