Legal Question in Civil Rights Law in California
I am trying to sue the sole owner of a business and I've never done anything like this and well I was wondering if it's okay for me to do a people search of the owner, I ask this because I've heard that everytime the BBB tries to reach this business they end up shutting down and relocating the business elswhere. So I called city hall for the business owner's info and they gave me a address in el monte and when I did the people search another address in Huntington Beach came up as well..So my question is can I legally use this HB address to serve this person, and can I serve him at the other adress as well??
3 Answers from Attorneys
Yes, but service can be complex. If you do not serve properly you may harm your interests and waste time. Let me know if you would like help.
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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You need to determine whether or not the business name is a corporation or an LLC by going to business search at the secreatary of state website. If it is not listed, then the county will have the owner's name in its fictitious business name records. You may name the defendant in the business name and DOES serve it as business form unknown and see how it is answered, if not answered, then you need to amend the complaint to include the true name to get a default judgment. Contact me directly.
You can serve him where ever you can find him, whether it be at his home work or even on a street corner. If he is not there then after three attempts you can do a substituted service and serve anyone at his business who is apparently in charge or anyone at his home who is over the age of 18. After doing the sub serve you will have to mail a copy of the papers to the address. It is best to use a registered process server or company who will do the job correctly and fill out the paperwork on service to be filed in court. Service can run from $40 to $100 if there are not too many complications. Try OneLegal they are all over the state and generally know what they are doing.
Good luck and hope this helps.