I have been served with a summons on a lawsuit I have nothing to do with. Apparently someone else with my name has allegedly been involved in real estate fraud with companies and individuals that I have never heard of in my life.
I spoke with Plaintiff's counsel after a subservice of a second amended complaint was made on a co-worker. Plaintiff counsel assured me he would "do nothing further" with respect to me. A week later I get the second amended complaint in the mail (sub serve complete). A week after that, jerkoff files the Proof of Service with the court and I believe he is trying to take a default against me.
I have spoken with him numerous times and demanded to see any evidence, documentary or otherwise, that proves that *I* am the correct person to be sued. Jerkoff has ignored these requests other than to say that I am welcome to sue him for malicious prosecution if I would like, but that he would SLAPP my lawsuit.
At this point, jerkoff KNOWS that I am not the named defendant and I have sent him documentary evidence proving this. At this point I do not know if I am a victim of identity theft and if someone is using my name to conduct real estate fraud. If this is the case I need to contact the FBI or other appropriate law enforcement entity.
I am thinking of a Motion to Quash... but for the most part this is based on a defect in service or lack of jurisdiction, personal or otherwise, not the fact that I'M THE WRONG PERSON. Plus I would like to avoid paying the $320 [special] appearance fee and the $40 motion fee for Los Angeles Superior Court.
I'm at a loss here... any advice?
Thanks in advance!