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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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A construction defects case was filed in Southern California

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A construction defects case was filed in Southern California listing multiple defendants in January of 2012. I am a contractor in Northern California with fictitious business name similar to one of the defendants. I am also listed personally as a defendant. I asked the plaintiff's attorney to remove my name from the lawsuit. His reply was "since you haven't been served, don't worry about it".

This is a public record, a civil complaint alleging construction defects and both me, personally, and my company are listed as defendants. In my opinion, this 'umbrella approach' of including everyone with similar business names in the initial pleadings, lacks due diligence expected from plaintiff's counsel. I also feel my twenty-year reputation in the construction business maybe be jeopardized by a simple Google name search.

I understand that since I haven't been served with a summons and complaint, I'm not a recognized party. But in this day and age of instant information, I feel that those we entrust to get the facts correct have an obligation to do so.

What must I do to see that my name is XXXXX XXXXX the case pleadings and correct the record?

Thank you
Hi,

Thank you for your question.

In order to correct the record, you would actually have to make an appearance in the court, seeking dismissal of the claim against you and sanctions against the Plaintiff's attorney. Then you would have to motion the court that your name be stricken from the pleadings and the case citation in general. Since the rules require that the attorney not file a lawsuit without taking proper due diligence, I believe the court would likely grant a sanction in this case and cover your costs.

The Plaintiff's attorney is probably not thinking about the fact of how this can affect your reputation if it shows up in a search. As a person in the industry, you would understand that better than the attorney (or me for that matter). It makes sense to me though that a contractor would not like potential customers to be able to search his name and find him listed in litigation that was falsely asserted against him.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

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