Legal Question in Business Law in California

If you were properly served with a summons and complaint naming you as a co-defendant, you'll need to defend or you'll probably lose by default. This case, which is now five years old, has undoubtedly generated a rather lengthy court history and a fat file, and if you've been sitting on the sidelines all this while, I'd say you are either fortunate to have had the company defend for you, or are in considerable peril of becoming the only remaining defendant and liable for the entire claim. I'd have a California lawyer obtain the case files from the Court and review them to give you reliable advice as to whether you are in danger and/or whether you should show up for trial, and on what terms. There are danger signals here ..... maybe not severe, but it's wise to have your own lawyer check it out.

You need to ask the title company what they are offering you in the way of defense, indemnity and cost reimbursements. Under California law they are obligated to defend and indemnify you from claims and law suits against you that arise out of your employment, unless you engaged in intentional misconduct. The place to start, then is to get confirmation from your former employer that they have hired an attorney for you (it can be the same one they hired for themselves, but you have to make sure he or she officially represents you) , and that they understand their obligations to you. Ask them who the attorney is they have representing you and how to contact them, and then contact that attorney and find out what's going on and make sure the company intends to pay for everything. If the attorney does not give you satisfactory answers, then I agree it would be worth a few hundred dollars to consult with a California attorney about your rights, including the possible right to have your own separate attorney at the former employer's expense.

I spent the better part of a decade as an Associate General Counsel for Fidelity Title and Chicago Title's parent company. So I am very familiar with this situation. Please feel free to contact me if I can be of further assistance.