Can I Sue My Local Association Of Realtors?

[zddoodah]

I get it that I would have to sue the association but just didn't know who to serve physically.

That's an entirely different question than what you actually asked ("Who[m] do I name in the lawsuit?"). If you're suing a business entity, you don't name any particular individual on whom you plan to serve the lawsuit.

If your local association is organized as a corporation or LLC, you can run a search here to get the name and address for the registered agent for service of process. If it's some other type of entity, review Article 4 of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure ("Persons Upon Whom Summons May Be Served").*

* - There are no summonses in small claims cases, but the same service rules apply.

 

[Zigner]

I don't see that you have any case against the local Board of Realtors. I suggest that you consult with an attorney for a thorough review and opinion on the matter.

 

[allanb]

That's an entirely different question than what you actually asked ("Who[m] do I name in the lawsuit?"). If you're suing a business entity, you don't name any particular individual on whom you plan to serve the lawsuit.

If your local association is organized as a corporation or LLC, you can run a search here to get the name and address for the registered agent for service of process. If it's some other type of entity, review Article 4 of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure ("Persons Upon Whom Summons May Be Served").*

* - There are no summonses in small claims cases, but the same service rules apply.

Thank you zddoodah, that's very helpful!

 

[adjusterjack]

* - There are no summonses in small claims cases, but the same service rules apply.

The CA SC-100 is a combined summons and complaint.

For the sticklers, no, it's not called summons and complaint, it's called Plaintiff's Claim and ORDER to Go to Small Claims Court. Which, by the way, is the same purpose as a summons and complaint.

If it walks like a duck and quacks like a duck, it's a duck.

 

[zddoodah]

The CA SC-100 is a combined summons and complaint.

No, it isn't.

[It serves] the same purpose as a summons and complaint.

That is correct.

A child's wagon can serve the same purpose as a commercial dump truck, but they're not the same thing.

 

[quincy]

... For the sticklers, no, it's not called summons and complaint, it's called Plaintiff's Claim and ORDER to Go to Small Claims Court. Which, by the way, is the same purpose as a summons and complaint.

If it walks like a duck and quacks like a duck, it's a duck.

I think a “stickler” has been identified.

 

[Zigner]

No, it isn't.

Since the definition (one of the definitions) of a "summons" is an order to go to court, I don't see why you believe that the SC-100 ("Plaintiff's Claim and ORDER to Go to Small Claims Court" [the emphasis is in the document]) is not a summons...