Legal Question in Civil Litigation in California
Concerning a California "Notice of motion and motion to add defendants to judgment". If the plaintiff cannot show that the defendant to be added was properly served, would there be a violation of civil procedure and could the added defendant petition the court to be removed as a defendant?
Asked on 3/28/10, 3:18 pm
1 Answer from Attorneys
You can't add a defendant to a judgment after the judgment has been entered. You are correct that the defendant must have been properly served and they must have lost at trial, had summary judgment awarded against them, or have defaulted by failing to answer the summons, before a judgment can be had against them. The defendant should not have to petition the court to be removed. The court should never add a defendant to a judgment in the first place.
Answered on 4/02/10, 3:52 pm