Legal Question in Civil Litigation in California
Denial of motion to add defendaant to judgment
In small claims court I sued the ABC auto repair shop. I used the name on the invoice, and the name on the consumer affairs license. I won both cases. When I tried to collect I was ignored. I went to county records and pulled the fict. bus. lic.
The name was ABC GHI and XYZ. The company accepted service as the ABC
The next day I got the minutes showing the denial, but not quoting the section.
I called the court, they said no transcript was availabe. The suggested I research the CCP my self. I did CCP 116.560 states I may correct errors any time b4 or after.
Please advise what you think I should do.
Thanks
3 Answers from Attorneys
Re: Denial of motion to add defendaant to judgment
You might be able to enforce your existing judgment,
despite the fact that it doesn't have the complete name of the
defendant on it. For example, you might be able to
execute on the business' bank account if that account
is held in the name on your judgment. You also
could do an order of examination of the owners of the
business and execute on that business' receivables.
Re: Denial of motion to add defendaant to judgment
it is a little unclear what happened but you dont ask the court to add a defendant to a judgment, they can never do that. what you want to do is amend the judgment to list the true name of the defendant.
Re: Denial of motion to add defendaant to judgment
What you need to do is file an amended complaint wherein you add a doe defendant and list the corporation's name and all other names the company goes by. After that is filed you need to serve the person authorized to accept service on behalf of the corporation. You can find this out by contacting the state and asking for the corporation's registration. This should have the information that you need. If you need help filing an amended complaint or serving the corporate officer please feel free to contact my office at 888-563-8529. Good luck.
John Hayes, Esq.