After I filed entry of default against a partnership entity, OC filed an amended Answer to include partnership, is it proper?

Asked about 1 year ago - Van Nuys, CA

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?

Attorney answers (2)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

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    Lawyer agrees

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    Answered . 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.

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