(a) Whenever a claim that is filed against a person operating or doing business under a fictitious business name relates to the defendant’s business, the court shall inquire at the time of the hearing into the defendant’s correct legal name and the name or names under which the defendant does business. If the correct legal name of the defendant, or the name actually used by the defendant, is other than the name stated on the claim, the court shall amend the claim to state the correct legal name of the defendant, and the name or names actually used by the defendant.
§ 116.560.Amendment of claim to correct name of defendant
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 5. Hearing · Enacted 1991 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 116.560 requires the court to inquire into a fictitious-business-name defendant’s correct legal name and amend the claim or judgment to state it, and lets the plaintiff request that same amendment at any time before or after judgment upon a showing of good cause.
Full Text of § 116.560
(b) The plaintiff may request the court at any time, whether before or after judgment, to amend the plaintiff’s claim or judgment to include both the correct legal name and the name or names actually used by the defendant. Upon a showing of good cause, the court shall amend the claim or judgment to state the correct legal name of the defendant, and the name or names actually used by the defendant.
(c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code.
Plain-English Summary
When a claim is filed against someone doing business under a fictitious name, Section 116.560(a) requires the court to inquire, at the hearing, into the defendant’s correct legal name and the name or names the defendant does business under. If the claim states a name other than the defendant’s correct legal name or business name, the court must amend the claim to reflect both.
Subdivision (b) extends that fix beyond the hearing itself: the plaintiff can ask the court at any time, before or after judgment, to amend the claim or judgment to include the defendant’s correct legal name and the name the defendant goes by, and the court must make that amendment upon a showing of good cause. Subdivision (c) defines “fictitious business name” by reference to Business and Professions Code § 17900.
Frequently Asked Questions
What if I sued the wrong version of a business’s name in small claims court?
Section 116.560(a) requires the court to inquire into the defendant’s correct legal name and actual business name at the hearing and amend the claim to state them correctly.
Can I fix a defendant’s name on a small claims judgment after it’s entered?
Yes. Section 116.560(b) lets the plaintiff request that amendment at any time, before or after judgment, and requires the court to grant it upon a showing of good cause.
Amendment History
Added Stats 1991 ch 915 § 17 (SB 771).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: wrong defendant name small claims californiaamend small claims judgment defendant name