Gomez v. Vitino's Pizza

Plaintiff, Jose Gomez, obtained a default judgment against defendants, Vitino’s Pizza and James Pugh. Prior to satisfaction of the judgment, defendant Vito DeFrancesco was added as a party and judgment was entered against him. Defendants Vitino’s Pizza and DeFrancesco now appeal. We address the issue of whether a person can be named as a party defendant under section 6 of “An Act in relation to the use of an assumed name in the conduct or transaction of business in this State” (Ill. Rev. Stat. 1985, ch. 96, par. 8a) (Assumed Business Name Act or Act) when plaintiff failed to sue unknown…