Legal Question in Civil Litigation in California

Sueing for Damages from Internet incident

Hello. My question is related to small claims. How does one begin the process of sueing for damages resulting from an Internet incident where a city, email address and screen name is known for a defendant but a real name and address is unknown? How would one name the defendant in such a case? Thanks.


Asked on 3/14/07, 1:28 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Re: Sueing for Damages from Internet incident

A small claims case like that is a bad idea. The reason for this, is because in California, small claims cases have very limited discovery provisions.

I would advise you to sue in a limited civil action, for the same amount, but sue in superior court. You are going to need to use discovery and the weight of court enforcement to find the true name of the person.

The procedure is to list them as a DOE, and there is language that can be added to a complaint for this, and you file what is known as a 474 amendment when you find out the true identity.

Very truly yours,

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Answered on 3/16/07, 3:42 pm


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