Reseda, CA asked in Personal Injury for California

Q: How do you fix a correctly-named defendant, but where the incorrect person with the same common name was served?

I sued a person with a common name. An Answer was filed by the person that I served but we've just discovered the wrong person was served. How do I procedurally fix that with the Court? I cannot file a Doe Amendment because it wasn't an "unknown defendant" or an incorrectly named defendant, just the wrong person served. I do not think I should dismiss them as they are the only party in the lawsuit. I have filed an Amended Proof of Service, but when that person Answers, I don't want the court to be confused by the previously filed Answer by the wrong defendant with the exact same name. Help!

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Serve the proper person, and file a Request for Dismissal w/o Prejudice of the incorrect person with the same name.

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