Legal Question in Business Law in California

Re: Mistaken Identify- wrong defendant with the same company name

I agree with Mr. Moschopoulos. Additionally, if you do not answer the complaint the Plaintiff could get default judgment against you making you liable for whatever damages they are seeking regardless of if you are the correct defendant or not.

Also, if your company is anything but a sole proprietorship (LLC, Corporation, etc.) you must have an attorney represent you as you cannot represent yourself.

Please contact me if you need any help with this. It sounds like it would be fairly easy to dismiss this suit but you must take action quickly to avoid more serious problems.

Re: Mistaken Identify- wrong defendant with the same company name

You should provide an anwer, with or without an attorney, so that a default is not entered. You may be able to hire an attorney who might be able to convince the attorney he has sued the wrong entity.

Re: Mistaken Identify- wrong defendant with the same company name

Unforunately, the other side is under no obligation to take you at your word that they have the wrong company. You should retain counsel to file a motion to dismiss.

Good luck.