Legal Question in Intellectual Property in California

"Naming the wrong person" in a complaint can mean any of several things, ranging from a simple mis-spelling of the defendant's name, e.g., MacDonald instead of McDonald, to picking a name out of the phone book (figuratively speaking) who not only has NOTHING whatsoever to do with ANY of the matters covered by the complaint. In the former case, one must answer and defend, because the law will overlook minor defects such as misspelled names, when it should be clear to the defendant that the complaint does indeed refer to him. In the latter case, a response is probably also required to avoid a default, but in most such cases of mistaken identity (or whatever) a demurrer or perhaps even a motion to quash service of process may be a preferable approach.

In any event, getting the lawsuit dismissed may not be your proper objective; it is more important to you to have yourself dismissed as a party. Are you are familiar with the plaintiff and the cause of action, or is the suit a complete "out of nowhere" surprise to you? This may guide your response.

I recommend that you consult with an attorney, or perhaps more than one if you don't have a relationship with an attorney already, to find one that can analyze the lawsuit and advise you. Please bear in mind that some kind of response is necessary within 30 days of the time you are served in order to avoid the possibility of losing by default.

I would first contact the lawyer for the other side and state that he has the wrong person. You will likely need to prove that you are indeed not the proper defendant somehow

If the suit is not dismissed, you will have to file and answer and then eventually move for summary judgment. Most lawyers, however, will let improperly identified parties out of a lawsuit without too much difficulty, since it is such a clear loser for them to pursue it.