Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California
I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.
A:
Thank you for your question!
In pleadings (initial responsive documents) or discovery, you can ask for the identity of the past.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
A:
In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:
1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous. The court may then require the plaintiff to clarify their identity.
2. Motion to Compel: The defendant can file a motion to compel the plaintiff to provide proof of their identity, such as a government-issued ID or other official documents.
3. Discovery: During the discovery process, the defendant can request information about the plaintiff's identity through interrogatories, requests for production of documents, or depositions.
4. Doe Amendments: If the plaintiff is using a fictitious name (e.g., John Doe), the defendant can file a motion to require the plaintiff to amend the complaint with their real name once it is discovered.
5. Sanctions: If the court finds that the plaintiff is using a fake name to avoid responsibility or for improper purposes, it may impose sanctions, such as dismissing the case or ordering the plaintiff to pay the defendant's attorney fees.
To pursue any of these options, it is highly recommended to consult with an attorney experienced in civil litigation in California. They can advise you on the best strategy for your specific case and help you navigate the legal process.
Delaram Keshvarian agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.