Legal Question in Civil Litigation in California
My question is under what names should I file for defendant in a small claims court action? Background: This relates to seeking reimbursement for labor charges paid twice for the installation of an alternator in my car. I purchased a remanufactured alternator with a lifetime guarantee at O'Reilly Auto Parts. I brought the part to an independent mechanic certified by AAA for installation. He installed the part, but within 24 hours, I had the same problem that was diagnosed before the alternator was installed -- the battery idioi light on the dashboard kept flashing on and off. I returned to the mechanic the following day, he testd the alternator on the car and found that the remanufactured part was faulty. I returned the remanufactured part to O'Reilly Auto Parts; they gave me another part. The independent mechanic instaled the second part, and since then I have not had any problem. However, the mechanic charged me a second installation charge of $135.00 equal to the first instalation charge since the part was not purchased through him. The original part was sent back to the manufacturer for testing. The manufacturer said that the part tested fine and there was no problem with the original part. The independent mechanic says there was indeed a problem with the original part and testing it by the manufacturer 'on the bench. and not on the car willl yield 2 different results." Again, my question, I wish to file in small claims court for recovery of $135.00 (the cost of the second labor installation). I wish to file against both O'Reilly Car Parts who sold me the part and the independent mechanic who installed it in order to have them both present in court to discover who is actually at fault -- O'Reilly Parts for a faulty part or the independent mechanic for a misdaignosis of the original part. Should both O'Reilly Auto Parts and the independent mechanics' names be on the same court case summons or should I file 2 separate court case summons' naming each defendent individually on 2 separate cases and having them heard at the same time in court? I have been advised by the small claims advisor that they should both be on the same court summons since I am only suing for one action -- the return of my $135.00 for the second alternator installation. Please advise. Thank you. R. Edward
2 Answers from Attorneys
You should file your lawsuit against a legal entity. A fictitious business name, also known as a DBA, is not really a legal entity. You should go to the recorder's office and find out who the true owner is, that is doing business as O'Reilly Auto Parts. You may have to check the California Secretary of State's website, to determine whether that name belongs to a corporation, LLC, or a partnership.
Then you name the two mechanics as individuals.
Wow, when Roach doesn't follow a question, he really doesn't follow a question. The Small Claims Advisor is right, you file one action against anyone you contend would have liability. Of course Roach is right that you need to make sure you have the true and correct names.
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