Legal Question in Real Estate Law in California
Am I the correct defendent?
I recently sold a mobile home with the agreement that I would vacate 3 days after escrow closed. Three days after escrow closed, the moving company I hired to remove my household goods from the carport area of the mobile home damaged the carport awning. I didn't make a claim because I had no interest in the property. The owner who bought the mobile home is suing me rather than the company that caused the damage. Should I assume that I will lose this case and will end up having to make a claim against the moving company thereafter?
1 Answer from Attorneys
Re: Am I the correct defendent?
You will lose by default whenever you are sued and fail to make some kind of defense.
As to the merits of your case, the property movers were working for you, and you will likely be held liable to third parties (i.e. the buyer) for their carelessness under the 'respondeat superior' theory. However, the movers are in turn liable to you. Therefore, if you are sued the movers could be named (by you) as a cross-defendant.
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