Legal Question in Civil Litigation in California
Was not listed as a defendent in the Summons, does the lawsuit apply to me?
My father was served a summons for unfair competition of business (Business and Professions Code 17000 Et. Seq. ''The Unfair Competition Law''), but his business was not listed in the defendants. It does, however; include ''DOES 1 through 100, inclusive'' Does this lawsuit apply to him? Should he do nothing, or should he seek some legal counsel?
4 Answers from Attorneys
Re: Was not listed as a defendent in the Summons, does the lawsuit apply to me?
He better get legal counsel ASAP. There is only 30 days to respond to a summons. Not responding is extremely risky. There are other ways to respond to a defective summons without taking the risk of a default being entered.
Re: Was not listed as a defendent in the Summons, does the lawsuit apply to me?
Yes, the summons and complaint does apply to your Father. The "Doe Defendant" means that at the time the lawsuit was first filed, the plaintiff did not know your Father's name but learned it later. He has thirty days from the time he was served to file a responsive pleading in court. A 17200 action is serious and he should have legal counsel immediately.
Re: Was not listed as a defendent in the Summons, does the lawsuit apply to me?
You may have been listed at Doe 1 or 2 which allows the Plaintiff to amend the complaint to add persons. They also may have served the complaint by substituted service on some other defendant. You should contact Plaintiff's attorney and see if you are the person who was actually supposed to serve. If you fax me the complaint at 714 363 0229, I will provide you with free consultation.
Re: Was not listed as a defendent in the Summons, does the lawsuit apply to me?
Yes, in all likely hood it is applicable to your father. Unfair Competition is normally covered under Commercial General Liability Policies ...so inform the insurance company. Unfair Competition is a very specialized area...and I have done defense of that type of cause of action. So, call me if you need help in answering and dealing with your insurance company.