Legal Question in Civil Litigation in California
Can you explain the difference when naming a defendant between the 2 examples given in San Francisco superior unlimited civil expedited jury trial:
Example one: John Doe DBA evil company (unincorporated non profit association) AKA fictitious business name
Example two: John Doe, evil company, fictitious business name
Follow up question: when naming defendant in either manner is one example required to have counsel, or in both examples doess the defendant entity status require him/her to be represented by a lawyer?
This would be in regard to a wrongful termination dispute for refusal to violate public policy (CA health and safety codes)
1 Answer from Attorneys
Your question cannot be answered in the abstract the way you have posed it. How to name a defendant depends on who they are and in what capacity you are suing them and why, whether they have actually registered a fictitious business name, and in what name and capacity they engaged in conduct you allege was wrongful. Likewise, whether an entity is required to have a lawyer is not dependent on how they are named, but rather the specifics of the defendant entity and the specifics of the situation and events that give rise to the lawsuit.
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