Los Angeles, CA asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California

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.

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

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

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: The issue could be addressed during discovery. Good luck

Delaram Keshvarian
Delaram Keshvarian
Answered
  • Orange, CA
  • Licensed in California

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.

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