Legal Question in Construction Law in California

Mecanics Lien and Complaint What Now?

Brother signed contract for fire damaged property we own jointly. I did not have anything to do with repair of the property. nor did I sign the contract. Contract had some changes(additions) along the way.Some work was done and other parts were not. Quality lacking in some areas. Brother after thousands of dollars in payments requested a itemized bill for the remainder of the amount being charged.

Since last amount billed covered an amount in excess of possible amount owed. Refused to itemize. Contractor filed lien, then filed suit.Contractor refuses to arbitrate and Judge won't compel because we answered complaint even though in his contract it says all disputes arising out of contract go to arbitration and he signed the contract. I have requested an itemized bill three times and am named in the suit but have also been refused a bill. What now? I don't understand why I should have to pay a lawyer to get me an itemized bill which should have been provided to me.

Thanks!

Sue


Asked on 6/13/02, 11:33 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mecanics Lien and Complaint What Now?

If you are named as a defendant, were served, filed an answer youself, and still don't have an attorney of record, you are in propia persona and can do pretty much whatever a lawyer could do, subject, of course, to your ability to practice law without having studied it.

What a lawyer would probably do to obtain a document is to initiate a discovery demand. There is a well-established statutory procedure for demanding documents and things, obtaining answers to questions, taking depositions, etc. and in pro. per. litigants can use it, if they know the technicalities.

Since most don't, that's why lawyers have a role in defending lawsuits.

Very few plaintiffs in a civil lawsuit will voluntarily cough up documents that might undermine their case, and it isn't the judge's role to guide you through discovery, either. Therefore, you will probably not get documents in the other side's possession -- whether or not you have a 'right' to them -- without properly employing discovery mechanisms such as "Demand for Production of Documents and Things," Code of Civil Procedure section 2031.

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Answered on 6/14/02, 2:15 pm


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