California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.5 SMALL CLAIMS COURT
Article 5.  Hearing
Sections 116.510-116.570
 

Chapter 5.5 SMALL CLAIMS COURT
Article 5.  Hearing
 

CODE OF CIVIL PROCEDURE
SECTION 116.560

116.560.  (a) Whenever a claim that is filed against a person
operating or doing business under a fictitious business name relates
to the defendant's business, the court shall inquire at the time of
the hearing into the defendant's correct legal name and the name or
names under which the defendant does business.  If the correct legal
name of the defendant, or the name actually used by the defendant, is
other than the name stated on the claim, the court shall amend the
claim to state the correct legal name of the defendant, and the name
or names actually used by the defendant.
   (b) The plaintiff may request the court at any time, whether
before or after judgment, to amend the plaintiff's claim or judgment
to include both the correct legal name and the name or names actually
used by the defendant.  Upon a showing of good cause, the court
shall amend the claim or judgment to state the correct legal name of
the defendant, and the name or names actually used by the defendant.

   (c) For purposes of this section, "fictitious business name" means
the term as defined in Section 17900 of the Business and Professions
Code.

 

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