Skip to main content

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

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

Posted

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.

Mark as helpful

3 lawyers agree

Posted

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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Mark as helpful

5 lawyers agree

1 comment

Asker

Posted

In general I do agree. But the ambiguity at the start can cause a lot of legal costs going back and forth determining what legal entity is suing you. Your who legal strategy can change if the pleading is amended. So this has to addressed very soon no matter what.

Posted

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 response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Mark as helpful

4 lawyers agree

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics