Legal Question in Construction Law in California

named in summons using my building license name

I received a summons that is against a former worker but including my company name and license number. This work was done without my knowledge. The summons was issued from Ca. I now live in Arizona and no longer have this business. Is there a letter or phone call that I need to make to answer this summons?


Asked on 11/05/07, 5:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: named in summons using my building license name

You can't answer a summons by letter or phone call. As I recall, the summons says so right on its face, in English and Spanish. When you are served with a summons and complaint, the circumstances that might make you not liable must be proven on the record, before the court. The clerk or other person who might take your phone call or read your letter in not a judge and has neither the ability nor the power to decide your liability or lack thereof, whether the court has jurisdiction over you, or any other issue.

If you fail to respond to the summons and complaint by Answer, Demurrer, Motion to Quash Service, or some other permissible method of challenge (and there are very few), the plaintiff will likely take your default and obtain a default judgment against you.

There is another possibility; you could contact the plaintiff's lawyer and explain your lack of any connection with the issues, and ask to be dismissed. The plaintiff can dismiss you, but the court's staff will not (and can not, unless you file a formal pleading asserting a legally-recognized theory why you should be dismissed).

The good news is that if the summons and complaint was brought against you in bad faith or with an improper motive, you may be able to recover your attorney fees for defending.

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Answered on 11/05/07, 6:12 pm


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