Legal Question in Business Law in California

Premise:

This question is being asked because there is a lawyer acting on behalf of the business separately from the individuals who are acting on behalf on themselves...We can't afford lawyers, so we are representing ourselves.

Given that our business is being sued: " Kirsten (KH) and Abbie (AD) individually and o/b/o PHW(the business);

Question:

Does the business/individual have to file their answer together:....ie;

1. If the business files for an extension do the individuals have to file for their extension in the same packet (aka 'together') or can they file separately

And/Or

1.5. if the business files for an extension can the individuals file something different (i.e. AD and KH file papers that attempt to remove their personal responsibility in said lawsuit.)

2. Regardless of what the individual or business is filing content wise, must they file in one 'packet' or can the file separately.


Asked on 11/20/15, 9:06 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

All of the defendants can file separately. There is no rule requiring them to file a joint defense.

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Answered on 11/21/15, 8:11 am
Edward Hoffman Law Offices of Edward A. Hoffman

Parties who aren't jointly represented can file their documents separately. In fact, they usually do.

Bear in mind that when one party seeks a type of relief (like an extension) that another does not, the order granting that relief will often apply only to the party who asked for it. If you and the company both want something, you should both ask for it. Trying to piggyback on the business's filings would be a mistake.

You should try to get a lawyer if at all possible. Even if you can't afford to hire one to represent you in court, you may be able to afford consultations so that you will have a better idea how to represent yourself.

Please feel free to contact me directly if you'd like to discuss your options further.

Good luck.

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Answered on 11/21/15, 2:00 pm


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