Legal Question in Business Law in California

I've entertained the idea of becoming a small businees by putting a business name on my informal invoices and also my email signature, but did not have a DBA filed under my name during contract work. (computer technical support)
Recently, a small business'es that i've been supporting for several years sued me for losses incurred during relocation (common disorganization, problems with a new phone company and virus due to his staffs unsafe web surfing). He's holding me responsible for his problems and lack of business sales during the relocation....
Hes filed a case against me as DBA
(unlimited civil)
Is it legitimate to sue me as the DBA that i do not have a filing for?
Does he have to sue me by my correct name? or is ok to sue "my name dba company name" sufficient?
Hfabricated claims are quickly put to rest in his own words, but they are using every means to bury the truth in paperwork and confusion - His discovery and request for 10 years of unrelated documents seem little more than a means of putting me through countless hours of paperwork retrieval and trying to cost me as much as possible.. Just a search for anything they can use to clutter and cloud the simple facts that I'm not resonsible for his fabricated problems
Frankly, a dishonest and unethical but effective tactic.
Can I ask that the claim be dismissed being that "my name dba company name" is not party to this action?

Asked on 3/24/11, 7:29 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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A DBA means "doing busines as." It is a fictitious business name.

A fictitious business name is not a legal entity, but rather a business name for another entity, such as a corporation or individual. "Use of a fictitious business name does not create a separate legal entity. As the First District Court of Appeal recently noted, "`[t]he designation [DBA] means "doing business as" but is merely descriptive of the person or corporation who does business under some other name. Doing business under another name does not create an entity distinct from the person operating the business.' The business name is a fiction, and so too is any implication that the business is a legal entity separate from its owner." (Pinkerton's, Inc. v. Superior Court (4th Dist. 1996) 49 Cal.App. 1342, 1348.)

A lawsuit can be brought against a fictitious business name, if the plaintiff is ignorant of the name of the defendant. (Code of Civ. Proc., sect. 474.) It is not clear whether plaintiff is truly ignorant of your true name, or has plead the same causes of action against DOE defendants.

Filing a motion is most likely not going to result in a dismissal of the case against you, but rather amendment of the complaint to name you in your true name. (Hawkins v. Pacific Coast Bldg. Products, Inc. (2004) 124 Cal.App.4th 1497, 1503.)

Answered on 3/24/11, 8:49 am

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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I think it was in the Pinkerton's decision where the appellate court said, "If the suit names Mark Twain as defendant, and Samuel L. Clemens shows up in court, a judgment against either is valid" or words to that effect. Apparently you have filed an answer and are well into the case, acting as your own lawyer. Mr. Roach's thought that the complaint would be amended in response to a motion may be correct, but now that you are before the court, the court could perhaps amend on its own motion.

Answered on 3/24/11, 10:24 am

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