My sister was recently served in California over a property that is owned in Palmdale, California. A few years ago before the divorce she signed the rights of the property over to her now exhusband who lives in Dallas, Texas. . The people that were bitten by a dog are now suing my sister and have summoned her to court. The injury occured in 2009. She divorced him in 2008. She gave over her rights to the property in 2008. Thank you for your time. Also, is there anything she can do if her husband in fact lied to her divorce attorney about no more property being in her name. He alledged he had nothing else in her name when she was making a settlement.
More facts are needed to properly answer your question.
Who owns the dog? Why was the dog on the property? Is your sister responsible for allowing the owner's of the dog and the dog to be on the subject property? If your sister has nothing to do with the dog being on the property and the property does not even belong to her, than she can likely avoid liability and may even affect her dismissal from the lawsuit. But, under these facts, it's unclear why your sister was even named in the lawsuit.
If some error exists in the marital property settlement, your sister can inform her attorney and see if anything can be done. But, I'm not sure what you mean when you say "ex-husband lied about no more property being in her name." And I'm not sure what you mean when you say "he alleged he had nothing else in her name..." Does this part of your question have to do with potential liability for the dog bite?
Unfortunately, it's an old but true adage that "Anyone, can sue anyone else, for anything, at any time." The question is, can they win?
In this case, if your sister still owns the land, and it sounds from the end of your question that she might, she may be held liable for this person's injuries. Generally, the dog's owner is responsible if it bites someone and under New York law an out of possession landlord is not responsible for such an occurence but the law may be different in this case.
The most important thing for your sister to do is make sure she answers the lawsuit. If she doesn't she can lose by default, even if the law and the facts are actually on her side.
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