Pinkerton's, Inc. v. Superior Court

Opinion

WALLIN, J.

If a plaintiff sued “Mark Twain” for money damages, and Samuel Clemens appeared in court, explained “Mark Twain” was the fictitious name he used for publishing purposes, responded to the complaint as Samuel Clemens, and obtained Samuel Clemens’s dismissal from the case, could the plaintiff then continue to pursue the action against “Mark Twain”? Of course not! By the same token, we hold here that if a plaintiff sues a corporation by the fictitious business name it uses, and the corporation appears, responds to the complaint in its corporate name, and obtains a dismissal, the…