Legal Question in Business Law in California

If 300 days from service have not yet elapsed, you might contact plaintiff's attorney. Offer signature exemplars, utility bills, or whatever else might satisfy plaintiff that you're the wrong party. Please let

me know directly if you need further assistance.

We have seen this scenario occur frequently in the past couple of years. If the above suggestion does not work (contacting plaintiff's counsel) then you will have to obtain your own counsel to represent you. If you do not then the plaintiff will obtain a default judgement and you will essentially loose your best chance to fight.

There are two somewhat-overlapping possibilities here. The first is that the service on you was a pure mistake, perhaps because your name is very similar to that of the intended recipient, or your address was confused with theirs. In such a situation, contact the attorney whose name appears on the summons and explain that the process server got the wrong party.

The other possibility is that you are indeed the party the attorney and his/her process server had in mind, but for some factual or legal reason you have what you consider a complete defense to the claim. In such a situation, you must defend, and simply calling the other side is unlikely to result in a bit of sympathy. Your defense might begin either with an answer or a demurrer, or possibly even a motion to strike.

There are also some in-between possibilities where the intent to serve you was correct, but you are nevertheless not the party they intended to sue (or similar circumstance).

In any case, you run the risk of a default judgment against you if you do not answer or otherwise get the error corrected within the statutory time.

I agree with the other answers, but there is a typo in Mr. Cohen's. The relevant period is 30 days, not 300. But even if 30 days have passed there may still be time to act before a default is entered against you.