Legal Question in Construction Law in California
My father got a cross complait summons
My father was a tile setter for 30+ years. He's 82 & retired. A few years ago he did a marble job and he's now being sued by the contractor who hired him. He's never had a liability licnece, contractor's licence, and does one or two jobs a year since he's retired. My father stopped taking his calls to work for him becuase the contractor would always pay late. Now this contractor is being sued by the couple who had construction done to their home They are suing him for Breach of Contract for $200K. In return he's cross-suing a total of 6 people; including my father. My father doesn't speak well english. They are claiming that the marble floor in kitchen was cracked due to a slip sheet. My father says he doesn't understand why he should be sued if the inspector approved his work. Should he respond to this law suit? It says in the summons that he denied any alleged damaged if he's found liable it would be derived only through the fault of each cross-defendant by that reason thereof each cross-defendant herien owes and by that reason thereof each cross-defendant owes a duty to fully indemnify and hold cross-complainant from any judgment,damages,cost,expenses and attorney's fees. What does all of this mean?Can these lawsuit be dropped?
4 Answers from Attorneys
Re: My father got a cross complait summons
Whether or not the lawsuit has any merit, anyone named as a defendant MUST make a defense, or they will lose by default!
Your father needs to prepare and file an answer within 30 days of the date he is/was served with the summons and cross-complaint naming him as a cross-defendant. Failure to respond in the legally-correct manner cuts off his right to defend in most ways. The court would likely allow the cross-complainant to obtain a judgment.
As the summons says, a phone call or letter is insufficient. A defendant named in a complaint or cross-complaint must file a responsive pleading in proper legal format, and serve copies on all other parties to the case.
This case involves a huge claim for money damages ($200K). By failure to defend properly, your father could lose not only his shirt, but the rest of his wardrobe and everything else he owns as well.
My strong advice is to find a lawyer who speaks your father's native language as well as English and have a defense prepared and filed well before the time to respond to the summons runs out. Good lawyers are busy, and you need to allow some advance time to allow the lawyer to prepare a good defense.
Re: My father got a cross complait summons
If he does not respond, they can take a default and judgment against your father and take/attach all your fathers property/money/accounts for full amount of damages later proven. He must answer and deal with it, whether there is a basis for suit or not. Your father is too old to lose everything and start over. Call if you wish to discuss.
Re: My father got a cross complait summons
If he doesn't properly and timely respond, a default judgment will be taken against him for the full amount sought in the complaint. Since he doesn't understand what is going on, he will need to have an attorney represent him. The attorney may be able to quickly negotiate a settlement, but there is no guarantee. The other parties in the lawsuit filed the suit to seek money from him, there is no reason to think they will simply drop it because he wants them to. Contact a local attorney to discuss getting help in this.
Re: My father got a cross complait summons
get a good real estate construction lawyer now, today, immedialtly and stop quoting what it says --- take your father to the apponintment and take the adivce of the attorney -- make sure he/she has contrators, construction experience.
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