Can you sue in the name of a fictitious name that is not active?

Asked about 1 year ago - Los Angeles, CA

I have been sued by a person dba a partnership that requires a license to operate.

Can I object to the fact that both partners have to sue?

In other words how does one get clarification on what business entity is suing. The person or the partnership.

The pleading is saying person dba xyz, and xyz is the fictitious name of a partnership that does not exist any more.

Attorney answers (3)

  1. Michael Charles Doland

    Contributor Level 20

    5

    Lawyers agree

    Answered . There may be contractual relations between the prior partners that permit one to sue (e.g. assignment of all accounts receivable.) If a necessary license required to sue does not exist that's one thing; if they had no license when the contract was performed, that's another.

    Instead of focusing on the procedural aspects, I would attempt to either settle the matter or prepare to defend within the 30 days time limit. Normally courts will permit a litigant to amend its pleading to correct procedural errors.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Albert Lee Crosner

    Contributor Level 19

    4

    Lawyers agree

    Answered . I concur with my colleagues. I would strongly suggest contacting a litigation attorney to help you with this matter. As you have been sued, you will need to provide an Answer to the Complaint in 30 days which may not give you much time to do so. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  3. Sagar P. Parikh

    Contributor Level 20

    3

    Lawyers agree

    Answered . If a person is doing business as a partnership (which would have to be a general partnership, since LPs or LLPs would have to be officially registered) then you are being sued by the individual person, as a dba isn't a separate legal entity.

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