My question involves malpractice in the state of: California
Last night we were served with a summons for a lawsuit naming my fiancé (a fairly common name), asking for compensation for an auto accident.
There was no identifying information on the papers, other than my fiancé's name and the date of the accident. I contacted the city where the accident occurred and there was no police report / incident report for either parties or at the supposed location.
Here's the kicker
My fiancé's driver's license and all vehicle registrations list our business address and have done so for the last 20 yrs. He has lived in the same location for over 20 yrs, as well. He has no criminal record and has never been involved in an auto accident. Obviously they served the wrong person...
BUT ! The only way anyone would be able to find his home address would be to access a utility customer base. Literally ALL his correspondence - credit cards, legal docs, dmv info, medical bills - come to our office. (When I contacted the plaintiff's attorney, they advised that they had a copy of the defendants driver's license and auto insurance ID card. After a quick discussion, they acknowledged they likely had the wrong person and would take proper actions. etc. )
I cannot get an answer from the CA Bar assoc, from the City Attorney's office or from Legal Aid as to the following :
Is it standard practice to access utility records to find someone's private information ? Those records are not public.
Is it standard practice to serve papers to someone based on a name alone ? without confirming the actual identity of that individual?
Is it standard practice for a Summons to be so oblique ? to contain literally no information regarding the lawsuit other than what I have already noted?
I am waiting for a call back from the plaintiff's attorney next week to further discuss/receive written confirmation that the action against my Fiancé is has been dismissed/withdrawn.
But I would truly appreciate any advice/comments. Please !
Last night we were served with a summons for a lawsuit naming my fiancé (a fairly common name), asking for compensation for an auto accident.
There was no identifying information on the papers, other than my fiancé's name and the date of the accident. I contacted the city where the accident occurred and there was no police report / incident report for either parties or at the supposed location.
Here's the kicker
My fiancé's driver's license and all vehicle registrations list our business address and have done so for the last 20 yrs. He has lived in the same location for over 20 yrs, as well. He has no criminal record and has never been involved in an auto accident. Obviously they served the wrong person...
BUT ! The only way anyone would be able to find his home address would be to access a utility customer base. Literally ALL his correspondence - credit cards, legal docs, dmv info, medical bills - come to our office. (When I contacted the plaintiff's attorney, they advised that they had a copy of the defendants driver's license and auto insurance ID card. After a quick discussion, they acknowledged they likely had the wrong person and would take proper actions. etc. )
I cannot get an answer from the CA Bar assoc, from the City Attorney's office or from Legal Aid as to the following :
Is it standard practice to access utility records to find someone's private information ? Those records are not public.
Is it standard practice to serve papers to someone based on a name alone ? without confirming the actual identity of that individual?
Is it standard practice for a Summons to be so oblique ? to contain literally no information regarding the lawsuit other than what I have already noted?
I am waiting for a call back from the plaintiff's attorney next week to further discuss/receive written confirmation that the action against my Fiancé is has been dismissed/withdrawn.
But I would truly appreciate any advice/comments. Please !
Legal Malpractice: Illegal Access to Utility Customer Info
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