Named Defendant; Process Agent Only

What is the name of your state? California. I am the registered Agent for Service of Process for an LLC. A plaintiff is litigating against the LLC and also named me as defendant; their contracts are only with the LLC and I have never given a personal guarantee of any sort. What is the most efficient way to convince the court that I should have never been named as defendant?

file a demurrer to the complaint.

What allegations are being made against you in the complaint?

wait a minute. is this a small claims case?

I believe a demurrer may only be filed in civil cases. yes, this is a small claims case. I found a form entitled "notice of motion and declaration". it is not specific but it seems that it may be used to "motion" for dismissal based on the grounds i've cited. please advise and thansk for your prior response.

forgot to mention on the allegations: the LLC that I am agent for service on failed to pay utility bills for apartments it owned. services were contracted for between the City and the LLC; no personal guarantees were given. When served with the plaintiffs claim I noticed two defendants - myself (named as agent), and the LLC. Therefore, I would only care to remove myself from the claim because I do not want the judgement against me. As for the bills, let the LLC get burdened with the liability as this is what the thing was set up for in the first place.

The easiest thing to do is appear at the small claims hearing and testify. Unless the plaintiff has something on you that you arent telling us about, I dont see how the court can find you liable if you are only the agent for service of process.

If you want, when you show up at the small claims hearing, do not agree to have the matter heard before a judge pro tem. Ask for a regular judge to hear the matter.

Plus, if the court does find against you , you can file an appeal and have the matter heard before a regular judge.

Be sure and show up for the hearing. If you do not show up a default may be entered against you. An automatic appeal does not apply if you are defaulted. you would have to go to court and explain why you did not show up. If the court does not buy your reason, the judgment stands.

thanks very much. one last item; do you believe that the "notice of motion and declaration" will help to dismiss this from me ahead of time? it seems that filing this ahead of time ($14 fee) may cause a dismissal since the plaintiffs own filing was filed as follows: defendant: SERVE AGENT: DOE, JOHN.

even if you file the motion you would need to appear to argue your position. Save the $14 and go to court.

the court also requires the parties to meet before the hearing to try and resolve the claim. Maybe you can get the plaintiff to dismiss you before the hearing starts.

good luck.