I have served summons and amended cross-complaint to additional cross-defendant. OC filed Answer for plaintiff.

Asked about 1 year ago - Van Nuys, CA

The new cross-defendant did not file Answer. Court record shows she is not represented by an attorney or by OC. She is the partner of the partnership I am counter-suing. Is that why she doesn't have to file Answer or have an attorney on record?

Attorney answers (3)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19

    Answered . If you filed a cross complaint then they have to answer or you default them.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. Adrienne Patricia Allen

    Contributor Level 15

    Answered . The court will require you to take the cross-defendant's default. If you don't, an OSC will be issued against you to show why you haven't.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Glenn Tadaomi Honda Jr.

    Contributor Level 11

    Answered . The partnership issue is not in her favor, it does not excuse her from answering the complaint. In fact, if you get a default against her you it may result in your obtaining your damages from the other defendant (depending on the "partnership"). You should file your default. However, keep in mind that defaults are pretty easy to set aside.

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