OC filed answers to my amended cross-complaint for the two partners but did not file answer for the partnership entity which I also served a summons. I submitted entry of default against partnership entity and it is now in pending status (not yet processed) while OC filed an amended Answer of a partner to include the partnership. Shouldn't an answer be filed by the partnership separately? What can I do?
The answer to your question depends on what type of partnership it is. If it is a general partnership, you sue the individuals as the partnership is not a separate legal entity.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Construction / Development Lawyer
It will really depend on a lot of facts that we don't have. If the default was not entered, even if you filed it, the answer is probably going to be okay. If the default was entered, the clerk should have rejected the answer, but, the Court will probably set aside any default in this situation.
Take everything to a local attorney for a consultation.