§5.09 Fictitious Business Names

If a claim against a person operating or doing business under a fictitious business name [see B&PC §17900] relates to the defendant’s business, you must ask about the defendant’s correct legal name and the name or names under which the defendant does business. If the defendant’s correct legal name or the name actually used by the defendant is other than the name stated on the claim, you must amend the claim to include both the defendant’s correct legal name and the name or names actually used by the defendant. [CCP §116.560(a).]

The plaintiff also may request at any time that you amend the plaintiff’s claim or judgment to include the correct legal name and the name or names actually used by the defendant. On a showing of good cause, you must amend the claim or judgment to state the defendant’s correct legal name and the name or names actually used by the defendant. [CCP §116.560(b).]