If you’re suing a business, make sure you get the legal name correct or your case will be dismissed.
West Los Angeles-based J.A. Communications learned that lesson the hard way Monday when three of its cases were dismissed by Judge Pro Tem Michael Koening in Santa Monica Small Claims Court.
The cell phone business’ owner, Jay Adams, attempted to sue three of his customers for breach of their cell phone contracts.
But, when a business writes a contract between itself and another individual, the business’ owner must officially have papers on file with the court proving he or she is the holder of the contract, because legally there is no real person with the business’ name.
In legalese, it’s called filing a “fictitious name” declaration. J.A. Communications had no such name on file.
“Many of the larger businesses in Santa Monica know to have this on file,” Koening said. “It’s these little guys who don’t know all the rules.”
The court requires the document so the owner can be held accountable for any judgments against them, Koening said.
Originally published in the Santa Monica Daily Press print edition on July 9, 2002. Read the original PDF.