Legal Question in Civil Litigation in California
Father being sued-acase of mistaken identity.
My father is named as a defendant in a civil case in Los Angeles. He has never lived in Los Angeles and is a different person than the person being named in the suit, but has the same first and last name. The person being confused with my father is a many year resident of Los Angeles. With such an obvious case of mistaken identity, my dad shouldn't have to go to court and defend himself. My father has been told he must appear. My father doesn't have enough money to get sufficient legal help. Does my father have to lose his money defending himself in a case he doesn't belong in the first place? What options does he have? thank you.
3 Answers from Attorneys
Re: Father being sued-acase of mistaken identity.
Please fax a copy of the lawsuit and copy of his driver's license and I will call you and provide you with free consultation and maybe help you with the case. He should have an attorney because one mistake and he will lose, even if he is the wrong person.
Re: Father being sued-acase of mistaken identity.
Your father can contact the attorney for the person bringing the suit and try to explain the situation. If this does not work, then go to a legal aid group for assistance. He must appear.
Re: Father being sued-acase of mistaken identity.
If I were in your father's shoes... and I was certain that I wasn't the named defendant, I would call the plaintiff's attorney, and offer to show the attorney my social security card, as well as any other identifying information (driver's license number, etc).
If the attorney was not cooperative, I would file a general denial; and, I would send the plaintiff's attorney a certified letter indicating that because this is a case of mistaken identity and because the attorney refuses to look at your proof, that you will be pursuing a malicious prosecution case as well as making a complaint to the State Bar about the attorney's improper conduct.
Good luck.
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