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.
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1 Answer from Attorneys
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.