How do i identify individual employees in a summons when i sue a corporation

[Prince1956]

I am filing a complaint against a corporation and 6 of its employees. Do I draft 6 separate summons for 6 employees or do I use 1 summons and name them by name as "individual" employees?

 

[fredrikklaw]

You only need to write one complaint which shall contain and list the names and capacities of each and every Plaintiff and Defendant when their identities are known and DOES 1 through 10 (for example) for Defendants whose identities are as yet unknown, as well as the causes of action and the prayer for relief.

You will then make as many duplicates as there are named Defendants and proceed to serve each and every one of the employees separately and individually while serving the Designated Agent for Service of Process for all other corporate Defendants including the corporation itself which in Californi is considered to be an individual.

fredrikklaw

 

[Prince1956]

Do I need to make copies of the complaints AND civil case cover sheets, addendums as well and do I need to do this for the DOES 1-10 inclusive???????????

 

[fredrikklaw]

The named Defendants now, DOES later!

Yes; you HAVE TO make identical sets of the complaint which is to be served on all the named Defendants in the case, and that includes the Civil Cover Sheet and addendums.

As for the DOES; no, you do not need to do anything extra other than mention them in the PARTIES section of the complaint, the wording of which should be something to this effect:

"Plaintiff is unaware of the names and true capacities of Defendants, whether individual, corporate and/or partnership who, are named herein as DOES 1 through 10 inclusive, and therefore sues them by their fictitious names. Plaintiff will seek leave to amend this complaint when their true names and capacities are ascertained. Plaintiff is informed and believes and based thereon alleges that said Defendants and DOES 1 through 10, inclusive, are in some manner responsible for the wrongs alleged herein, and that at all times referenced each was the agent and servant of the other Defendants and was acting within the course and scope of said agency and employment."

Once you have ascertained the identities of any or all of the DOES, you will then serve on each of them an identical process as you did with the named Defendants at the beginning. And remember that the number of DOES is determined by you and it is not a pre-determined or mandated number. So it could be DOES 1 through 10, or 20, or 30, or 100 inclusive.

fredrikklaw