Legal Question in Personal Injury in California

I need help naming the defendant in Orange County, CA small claims case.

I contracted food poisoning from a fast food restaurant and need to take them to small claims. This is a national chain and the individual restaurant is a franchise owned by the XYZ Corp. I have their agent for service of process from the state website.

How do I list the defendant? Is it XYZ Corp dba Fast Food Restaurant? I am confused, because the corporation did not make me sick, but they are the legal owners of the restaurant that did.

Asked on 6/02/13, 4:59 pm

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1 Answer from Attorneys

Joel Selik

The entity that did this to you appears to be the xyz corporation as they own and operate the restaurant. I would, therefore, name xyz corportion (and you can state dba chain). Then the agent would be served with the complaint.

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Answered on 6/02/13, 5:24 pm

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