Legal Question in Business Law in California

Re: Who do I sue at a magazine for defective ad

You probably have a written contract, and before you sue you should read the fine print to see what responsibilities are placed upon you, the advertiser, as to preparation and submission of copy. Also look to see whether the publication furnishes proofs for approval and if so whether either party failed to comply with that aspect of the contract.

If after reviewing the contract and each party's performance under the contract you are pretty sure you're right, and presumably after making a reasonable out-of-court demand for voluntary settlement, you might consider a suit.

If your damages do not greatly exceed $5000, you should consider small claims court.

Assuming the magazine is published by a corporation, the suit should name that corporation as the defendant. In this situation it is probably unnecessary to sue individual employees. However, you should get the name of the corporation as nearly correct as possible. The Secretary of State has on-line corporate records information that can be used to get the correct name, and the name and address of their agent for the service of process.

For further advice consult your county's small claims advisor at the courthouse, buy a self-help small claims guide book, and/or consult an attorney (the latter especially important if the damages greatly exceed $5000).