Legal Question in Real Estate Law in California

Re: real estate law

Filing lawsuits without knowing what you are doing, or why, is a recipe for disaster.

Re: real estate law

You can amend the original complaint, but if a response has already been filed, you have to file a motion for permission to do so. If the defendant(s) have not already answered, you get a "free" amendment. When you file the partition, I suspect you will also want to file an accounting action. Given the naivete of your original post, however, I suspect Mr. Stone has already given you the best advice... if you already don't know what you're doing it will only get more challenging. If there is a partnership and property, it sounds like there's enough involved that you would be particularly well advised to get an attorney on board immediately before you've limited your case in some way that can't be undone.

Re: real estate law

Has it been served yet? You probably should have included dissolution of partnership also. You would do well by getting represented. Contact me directly.

Re: real estate law

Ms. Cowin answered your question appropriately, and as the others have pointed out, you are weighing into complicated territory. If you would like a free consultation, please free to contact our office. We offer fixed fee litigation services, ensuring cost certainty and have experience with these claims.

Yours truly,

Bryan

619.400.4929

Re: real estate law

A complaint can be amended once, as a matter of right, before any defendant files a responsive pleading such as an answer or demurrer. After that, you need to make a motion to the court for leave to amend.

If you still have the right to amend, that is probably procedurally preferable to filing a second complaint. However, if you cannot amend without making a motion, it might be just as advisable to file a second complaint. giving notice of the related case. The court will probably consolidate the cases at some point, either at a defendant's request or on its own initiative.

I agree that the situation probably warrants causes of action for dissolution of partnership and an accounting, but see the final paragraph, below.

Please note that partition cases are especially difficult to handle in pro. per., in part because the plaintiff must file, serve and record a lis pendens and this cannot be done by a non-attorney without prior approval by a judge.

Finally, I'd be cautious about making a strategic decision that splitting the partnership asset by partition is a wise move. The Revised Uniform Partnership Act may provide a more attractive alternative for a partner that can show he dissociated from the partnership at an earlier time, when the market for the property is declining. The dissociating partner may be able to force the partnership to buy him out at market value as of the date of dissociation. Look up and think about Corporations Code section 16701.

Re: real estate law

You probably can amend the original complaint, but it depends were you are in the court system. For example, when is trial set?