Legal Question in Civil Litigation in California
I been served a summons under my name but all the information bellows to another person with mine same name. (although the middle name is different too) I have been told I do still have to respond to the summons, I don't have the money to hire an attorney to do the filling a would need a sample to motion to demure, and them show in court proof they had the wrong guy, would you have a sample they it my work for me thank you. Tim
2 Answers from Attorneys
Demurrers are about the law, not the facts. If you want to present evidence, you will need to bring a motion to quash service instead. That you are not the named defendant is a valid reason to quash the summons.
If you're sure that the plaintiff really isn't trying to sue you, you may want to call her lawyer and explain that they served the wrong person. It would be better to have a lawyer do this for you, but if you really can't afford one then it's worth a try. The lawyer does not to want to waste time and money litigating against the wrong person, nor does he want to be embarrassed in court when it turns out this is what has happened.
Good luck.
I agree with Mr. Hoffman, in that you are best contacting the lawyer and pointing out that they served the wrong guy with the same name.
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