Pinkerton's, Inc. v. Superior Court

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 plaintiffs cannot then obtain a default judgment against the fictitious business name as a legally distinct entity.

Pinkerton’s, Inc., is a Delaware corporation. It does business in California under the fictitious business name “Pinkerton Security & Investigation Services” (referred to here as “Pinkerton’s, Inc., DBA Pinkerton Security & Investigation Services”) and has filed fictitious business name statements in Los Angeles and Orange Counties. Pinkerton Security Systems, Inc., is a subsidiary of Pinkerton’s, Inc., incorporated in California.

Pinkerton’s, Inc., seeks a writ of prohibition and/or…