Legal Question in Civil Litigation in California

Re: My sister is being sued by someone she doesnt know for?????

If your sister has auto insurance she should report this to the insurance company immediately. The insurance company should provide a defense for you.

Re: My sister is being sued by someone she doesnt know for?????

I share Mr. Stone's reaction to the prejudice your question embodies, and I agree with his assessment of your logic.

Even if your sister is the victim of mistaken identity she must respond to the lawsuit and defend herself. As Ms. Cowin has noted, it may be possible to negotiate a quick end to this case if the plaintiff has a lawyer.

I share Ms. Cowin's confusion about what papers your sister actually received. If she received a summons and complaint then she is being sued, but if she received a subpoena then she is merely being called to testify as a witness. She may want to have a layer go over the papers with her to make sure she understands them.

Re: My sister is being sued by someone she doesnt know for?????

Your sister may not be able to avoid going to court because she will need to defend so that a judgment cannot be obtained against her. On the other hand, if the other party is represented by an attorney, it may be possible to exchange information and work things out without going to court. In this case, attorney-to-attorney may be most effective. It is important that you have an attorney look at this as soon as possible because saying that your sister received a "notice" is very ambiguous. A lawsuit is typically initiated with a summons and complaint, requiring a response - not a "notice" or a court hearing. It is unclear what is going on here.

Re: My sister is being sued by someone she doesnt know for?????

Let me try to follow your logic.

Since Hmong-Americans, in your opinion, file too many baseless lawsuits, this means Sis can safely ignore the one she received, since surely the Court will share your prejudice against Hmong-Americans and not automatically render a default judgment against Sis if she fails to respond.

I can assure you that this is NOT the case.

However, your sister can completely deal with this problem with one phone call to her auto insurance carrier.

Re: My sister is being sued by someone she doesnt know for?????

You should hire an attorney now and have the attorney clear it up. If you do not handle this or answer the lawsuit if you have been sued, the other person will get a judgment against you even if its a mistake, and if you dont respond you may not even have your day in court.

If you want me to help, you will need to retain ma, send me the documents your sister received. I should hopefully be able to call the other side and clear it up quickly, and if not, then you will need a lawyer anyway.

Best,

Daniel

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