Legal Question in Real Estate Law in California

An HOA is represented by counsel A in their suit against me.

Same HOA is represented by counsel B in my countersuit against them.

I am serving discovery inquiries on HOA via counsel B.

Is it required that counsel A be served copies?


Asked on 5/13/11, 10:26 am

6 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Yes, you must send copies of all pleadings to every attorney involved.

Read more
Answered on 5/13/11, 10:31 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Shers.

Read more
Answered on 5/13/11, 11:32 am
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

You must serve all papers in the case on all the parties.

Read more
Answered on 5/13/11, 11:58 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

So, the question boils down (based on the previous answers) to what you mean by "countersuit." There is no such legal term in California statutes. If you have filed a cross-complaint in the same legal action, the answer is yes. If your "countersuit: is a separate case with a distinct case number, the answer is probably no. Also, if the cases are now separate, I'd be expecting a motion to consolidate them.

Read more
Answered on 5/13/11, 9:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A follow-up on my earlier answer:

Discovery inquiries are not pleadings. However, discovery does have to be served on all parties.

When a party is represented by more than one law firm in the same action, as A for the complaint and B for the cross-complaint, I think it would make good sense to serve both counsel with the discovery demands. In the case of responses, I would serve them on the asking party's attorney and attorney(s) for all other parties. However, I do not find any law or rule that requires service on each law firm; the requirement is only to serve each party.

Read more
Answered on 5/14/11, 11:33 am
kevin sullivan Law Office of Steven Kremer

yes you must send copies of all discovery requests and responses to all attorneys and parties representing themselves.

Read more
Answered on 7/05/11, 8:02 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California