Legal Question in Civil Litigation in California

Am I my brothers keeper?

My brother and myself are joint tenants on a house that was recently damaged by fire. My brother contacted a company to repair the damage and only he signed the contract. The work was not completely done to the standards it should be so a portion remains unpaid. They have filed a case to recover the money they believe is still owed. I have been named as a defendant along with my brother. Is there a procedure that can be used to get me removed from the lawsuit since I did not participate in the agreement in any way?

Thanks!


Asked on 2/01/02, 10:31 pm

2 Answers from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Am I my brothers keeper?

The only procedure is to pay the contractor and sue your brother for what he did not pay. If the work was not up to a workman like standard then you might have a defense. You and your brother are 100% responsible for the expenses. If you win in small claims you get your half back with a fight.

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Answered on 2/01/02, 10:37 pm
Wayne Smith Wayne V. R. Smith

Re: Am I my brothers keeper?

When you are a co-owner of property, yes you are. The contractor may recover from you if he prevails in his damage claim, but I believe only to the extent of your value in the property. This limitation of liability would apply only to you because you did not sign a contract with the contractor. This gets fairly technical, and is best handled by a competent attorney.

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Answered on 2/02/02, 12:08 am


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