Legal Question in Civil Litigation in California

Multi-Party Service

I am currently being sued in Santa Clara County, California, in the Unlimited Civil Division. I am one of two parties named as defendants on the lawsuit. I do not have the money for a lawyer, so am defending my self (as I am best able).

The case was filed in May of 2003. They have yet to serve the second party on the lawsuit. We have been to court once already for thier failure to serve. They have been blaming thier lack of service on me, but have yet to ask for contact information for the other party. The information they need has been available from day 1 from the Department of Motor Vehicle. They are suing the second party as a prior owner of the vehicle that I was driving during the incident.

I am appearing in court again in a few days for thier lack of service to the second party. What can/should I do to try and make this go away. Here are some things I 'beleive' may be relevent.


Asked on 3/15/04, 1:24 pm

4 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Multi-Party Service

Send a letter to the attorney for plaintiff with the address where the other party lives. Then when you appear in court state before the judge the address of the other party. As the others stated the court may well dismiss as to the other party if he is not served. That would leave you alone to defend yourself.

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Answered on 3/15/04, 10:34 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Multi-Party Service

Normally your insurance carrier (auto or homeowners', as the case may be), will provide a free lawyer to defend you. If you are insured and you have not already done so, give your insurance company a call.

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Answered on 3/15/04, 1:39 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Multi-Party Service

Assuming there's no insurance-paid attorney, the court likely will dismiss the case as to the party they can't serve, but will continue to pursue you. The plaintiff could have applied to the court to serve by publication, but apparently he/she/it has not done so.

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Answered on 3/15/04, 4:31 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Multi-Party Service

If you have the information on the other party give it to them. Also, check to see if the other party had insurance which might cover you. Also, notify your insurance co.

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Answered on 3/15/04, 5:36 pm


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