Skip to main content

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

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


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. Call us for more information. 619.797.5456

Mark as helpful


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.

Mark as helpful


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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Mark as helpful

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics