Legal Question in Personal Injury in California

Re: Wrong person being sued

I would call immediately the attorney listed on the summons and complaint and explain that to them. They might want you to sign an affidavit under penalty of perjury stating those facts. If that doesn't work -- ask them for an extension of time to file a response, then talk to an attorney to assist you. The last thing you need is a judgment against you for something that you had nothing to do with.

Re: Wrong person being sued

I would recommend that you seek counsel immediately as ignoring this problem could result in a default judgement against you. With that said, I do not see that this is a complicated situation since it appears to be a mistake in identity. Your lawyer should notify the Plaintiff's attorney of the mistake with some sort of hard proof, and hopefully the Plaintiff will dismiss the lawsuit against you. If the proof of the mistake is solid enough, and the Plaintiff refuses to dismiss the lawsuit against you, then at the end of the day, depending on the outcome, you may have both a malicious prosecution claim and an abuse of process claim against the Plaintiff.

I wish the best of luck.

Re: Wrong person being sued

You need to either convince the plaintiff attorney to dismiss you, by effectively using whatever facts and evidence you have to prove your claims, OR you will have to timely file responsive pleadings and motions to avoid a default judgment against you, and to try to get the court to dismiss the complaint for your reasons. Either do all this yourself, or hire an attorney to do so for you. If you have no money, contact the Lawyer Referral Service in LA to ask for an attorney willing to help at reduced or no fee. Look into getting help from Legal Aid, or from poverty law centers.

Re: Wrong person being sued

You need to either convince the plaintiff attorney to dismiss you, by effectively using whatever facts and evidence you have to prove your claims, OR you will have to timely file responsive pleadings and motions to avoid a default judgment against you, and to try to get the court to dismiss the complaint for your reasons. Either do all this yourself, or hire an attorney to do so for you. If you have no money, contact the Lawyer Referral Service in LA to ask for an attorney willing to help at reduced or no fee. Look into getting help from Legal Aid, or from poverty law centers.