Legal Question in Intellectual Property in California

You could file a demurrer or answer. The case will not simply disappear on it's own.

Well you can't get "get your name off the complaint." The best thing to do is try calling the attorney for the Plaintiff, explain to him what is going on, and try to convince him to dismiss you. Honestly, the attorney will probably not do that. So, the only thing left to do is prove you were not involved, and to do that you will have to file an Answer (a Demurrer rarely works in these circumstances, but an attorney would have to look at the actual Complaint to see if a Demurrer would be appropriate). You could also file a Motion to Dismiss based on your non-involvement, but again this is difficult to win because judges have a tendency not to dismiss parties so early in the case, especially before discovery is conducted.

I suggest speaking with an attorney. Doing the wrong thing here (or nothing at all) can end up costing you down the road.

If you're being sued in a California court, contact one of us California lawyers to a) write a letter to the plaintiff's lawyer explaining your role, and demanding that they drop the lawsuit against you; and/or b) file appropriate responsive papers.

The other attorneys are right on point here. Range of options is a good attorney letter explaining your circumstances to filing an answer or demurrer (which can get expensive). Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

You didn't say whether the suit is in California Superior Court (state court) or a Federal District Court in a California district. Copyright questions involve Federal laws and are usually filed in the Federal Court system. The procedures and nomenclature are somewhat different.

For starters, in Federal court you have 20 days to file and serve a responsive pleading; if the case is in a California state court, you have 30 days. Next, in state court your response can be an answer or a demurrer. The Federal system has abolished demurrers, but instead of filing an answer, in Federal court you can file a motion to dismiss under Federal Rule of Civil Procedure 12(b), which is fairly frequently done and might be appropriate in your circumstances.

Don't take steps appropriate to Federal court if the case is in state court, and vice-versa; don't let the deadline for filing a response slip by; and if this is a Federal case, get advice from an experienced attorney as to whether to answer or file a 12(b) motion.

Finally, you might be able to get the plaintiff to dismiss you voluntarily by explaining to it or its lawyers why you couldn't possibly be liable, but don't count on this working.