Legal Question in Business Law in California

breach of contract-cross comlaint

My business partner and I sold a personal car to an acquiantance. She requested to make payments instead of lump sum because she could not afford the cost. We agreed to keep the car in my name until she has paid the whole amount, and insure the car and she pay monthly for the insurance as well..

She owed 12 payments, paid 5. We did not continue with the insurance because she did not continue to pay. She subsequently got into a car accident. She has since sued us for breach of contract, in addition to the other party that was involved in the accident. We filed a cross complaint, and stated breach of contract as the reason. A general denial was filed by her attorney stating that "Cross complaint fails to state a cause of action." We are not sure how to respond to the general denial and what forms to submit. What reference can I look up to find out the next step on this case? we are not the primary defendants on this case, and we couldn't afford an attorney.


Asked on 7/27/99, 10:52 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: breach of contract-cross comlaint

you do not have to respond to the general denial. Think hard about not having an attorney. the system will eat you alive. I defend a lot of these at very low cost. call me if you want a free consultation.

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Answered on 7/29/99, 6:17 pm
John Hayes The John Hayes Law Offices

Re: breach of contract-cross comlaint

You do not need to answer the general denial. This is

just what it says a general denial. The next step in

the case is discovery. You will probably be sent

a set of Form Interrogatories to answer as well as

a Demand for Production of Documents. You stated

that you could not afford an attorney. I have worked

with people befor who could not afford to pay a large

retainer. I would be happy to work out some sort

of payment plan. You may also be able to collect

property damage for you vehicle since it was in the

wreck and you technically still owned it. I can

be reached at 888-5NETLAW (888-563-8529). The

call and the consultation are free. I look forward

to speaking with you about your case and your rights

as a defendant and cross complainant.

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Answered on 7/30/99, 11:51 pm


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