Legal Question in Wills and Trusts in California

nominal defendant

I recently received a summons and

complaint from my estranged

stepmother that I was being included

as a nominal defendant in her elder

abuse wrongful death suit against a

convalescent hospital where my

father died. I want to counter sue

her. Can this be done?


Asked on 5/03/09, 1:32 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: nominal defendant

The fact that you were named as a nominal defendant means that you may also have the right to sue the hospital as a plaintiff. If you think Stepmom is responsible for your father's death, this would be the right lawsuit in which to file a cross-complaint or "countersuit." For all your other possible legal claims against Stepmom you would probably be better off filing a separate lawsuit against her.

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Answered on 5/03/09, 9:18 pm


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