Legal Question in Civil Litigation in California
nominal defendant of a lawsuit
My adult child was served a summons and is named as a 'nominal defendant' along with his half-brother. It is a medical and general negligence complaint brought about by their deceased fathers wife against a hospital, doctors and others. My child was estranged from his father and not aware of his fathers death for more than a year after the fact. What is a 'nominal defendant' and why would my child and his half-brother be named in this lawsuit? Does my child have to respond to the summons? Can we ignore it or should we seek legal representation? Thank you from a concerned Mom.
4 Answers from Attorneys
Re: nominal defendant of a lawsuit
When served, you do not ignore it. He needs to respond to protect his interests in the case, thus he needs an attorney. He is not really 'sued' for money, but simply named so that all required parties are before the court. Contact me if interested in doing so properly.
Re: nominal defendant of a lawsuit
Strangely enough, being a nominal defendant can mean standing in the shoes of a plaintiff! The plaintiff (Dad's wife) is almost certainly not interested in collecting money from the nominal defendants. What it probably means is the plaintiff's lawyer thinks the nominal defendants might possibly have some right to share in the claim against the real defendants (the doctors, hospital, etc.). Can't say for sure without interviewing you and reading the complaint. Run it by a lawyer, in person.
Re: nominal defendant of a lawsuit
We may be able to assist you, but we would need to read the lawsuit. We may have some additional questions to ask you to explain the situation after that. Please contact our office at 714 363 0220.
Re: nominal defendant of a lawsuit
Do not ignore it. They can take a default judgment and then go for collection. Need to see matter to discuss further. Contact an attorney to speak and meet with him/her.
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