Legal Question in Civil Litigation in California

Re: being sued as does i-50

Mr. Stone's answer is incorrect. Sending the lawsuit to your wife's insurance carrier to defend when your son's ex-girlfriend and the car she was not driving are not named in your wife's policy is simply going to get you a letter from your wife's insurance carrier stating that they have no duty to defend the lawsuit.

Mr. Hoffman is correct. Your wife will have to answer the lawsuit and fight it. You cannot cross-complain for malicious prosecution because you have to show that the lawsuit you are suing for terminated favorably in your favor. Threatening this to the plaintiff's lawyer will get you nowhere.

You should get a lawyer who is skilled in personal injury law, and can defend cases without the insurance company. The first thing this lawyer should do is examine the complaint, determine if it is defective, and plan the best type of motion that is going to get you out of the case fastest, and cheapest.

Be careful who you hire. Some lawyers will see you walk in and will want to "milk" the case for all they can get as long as they can, since you will be paying the bill.

But you must answer, or else your wife will have a default judgment against her.

Very truly yours,

Re: being sued as does i-50

You should file an answer and then have your attorney contact Plaintiff's attorney with documentation of why you should be dropped from the suit. Should you have any more questions, please call me.

Re: being sued as does i-50

Don't speak to the other side's attorney. Send the summons and complaint to your wife's own auto insurance carrier.

Re: being sued as does i-50

If your wife was served she needs to answer. If she doesn't answer she will be placed in default, and a judgment will later be entered against her. If she has auto insurance she should notify her insurer of this lawsuit. She should also notify her homeowner's or rental insurer, if any, since the plaintiff's allegations against her may be covered by those policies.

Your wife absolutely cannot "counter-sue for harrassment, loss of time and /or mental anguish", unless your claim is based on something other than the fact you have been sued. If such counter-suits were allowed every defendant would file one. If your wife wins the case on the merits she may subsequently sue the plaintiff, but such suits usually fail.