I you are suing for a breach of contract, must all parties be listed or can you just sue one?

UPDATED: Aug 27, 2011

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I you are suing for a breach of contract, must all parties be listed or can you just sue one?

My husband and I have a company and have a contract with 2 women who both represented a book (not a company that we know of). We have issues with payment and wish to sue in small claims. We only have the address for 1 of the women. Can we sue her but not the other even though both have signed the contract? If not, how would we get the address of the other woman to sue them both?

Asked on August 27, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you and your husband entered into a written contract with two (2) people for a certain matter and the people who you have the contract with did not live up to its terms, you have the option of suing one of them or both. It is preferably to sue and serve both.

If you only know the whereabouts of one of the two people that you wish to sue, you can sue that one in small claims court as you desire and proceed.

In order to try and locate the address of the other person who supposedly breached a contract with you, you can do an online search (at no cots) for that person's address or pay online a company for you to do your own search for that person's address. Cost is usually $30.00 or so.

Good question.


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