Naming the Party You Are SuingNaming the partyIf you’re going to sue someone, it’s important to correctly name the person or business you are suing. On the Plaintiff’s Claim, name yourself as the Plaintiff and the party you are suing as the Defendant. If you win and have not named the Defendant correctly, you will have trouble collecting your money. Here are some examples of how to name the person or business you are suing: How do I name an individual?Use the first name, middle initial (if known) and last name:
How do I name a husband and wife?Write the full names of the husband and wife. List them separately:
How do I name a minor?Name the minor and the parent or legal guardian:
How do I name a business that is owned by an individual?Name the owner and the business:
How do I name a partnership?Name the partnership and each partner individually:
How do I name a corporation?Write the exact name of the corporation. You do not need to name an individual.
How do I name a business owned by a corporation?Name the corporation and the business:
What if the case involves a motor-vehicle accident?You must name the registered owner and the driver. If the owner and the driver are the same:
If the owner and driver are not the same:
How do I name a Trust?Name the trust and the trustee(s):
What if I do not know the exact name of a party?There are ways to find the name and location of the person or business you want to sue. (See Find the Person or Business you are Suing.) Court forms are available here and at California Courts - Forms. Select "Small Claims" from the pull down menu. Forms are also available at the Court Clerk's office. Contact us for more information or speak with one of our counselors at (800) 593-8222. If you live outside of Southern California, call us at (213) 974-9759. Updated March 1, 2008 For more information: |