What to do if my husband and I have been individually sued by his former business partner?

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What to do if my husband and I have been individually sued by his former business partner?

She resubmitted her complaint to add me, so we didn’t realize my husband had to submit another answer. I did, however, I didn’t know that I had to submit my cross complaint at the same time as my answer. How do I submit my husband’s answer late and also both of our cross complaints? Our court date is in a few days. In addition, how do I ask the judge (do I have to do it in writing/) to continue this case until a criminal investigation has been completed-I have reported her to the IRS, the EDD, EDD Underground Economy, and the Labor Commission. We have evidence that she is guilty of tax evasion, tax fraud, disability fraud, paying personal employees through the business.

Asked on May 4, 2013 under Business Law, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

In California, if she has not had a default entered against your husband, he can file his Answer to the Amended Complaint at any time, without the court's permission.

You will have to file a motion for leave to file your cross-complaint. In many courts, before you file this motion, you are supposed to ask the opposing party to stipulate to allowing you to file a cross-complaint. She might even be willing to stipulate to this request. 

You would have to make a written motion to continue the civil trial while the criminal procedings are decided. The court will probably grant this motion only if criminal charges have already been filed and the charges are very similar to the accusations in the amended complaint or cross-complaint. It sounds like the upcoming court date is a scheduling conference, when the judge will assign a trial date. It is likely that you will have enough time before the trial to discover the results of the investigations, even without a continuance. 


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