CALIFORNIA--This is a legal question. I was served with a lawsuit recently,
alleging that i did not provide a few of my customers with estimates (i have a
mechanic shop). This lawsuit has over 2000 defendants. I
have never had any complaints from customers and there are no
complaints filed against my business in the state of California. Do i
Answer the Complaint? What do I do? They are extorting money?? Their
allegations are all false. The attorney representing the Plaintiff
(they seem to be the same) are just asking for attorney fees. A lot of
businesses that have been sued are
going to fight them. But I don't know if Answering their lawsuit is
the right thing to do or not? I spoke with an attorney that said if
you answer them you are locked in the lawsuit???

Hi there,

Let's get the formalities out of the way:  I am not a lawyer and I
don't play one on Google Answers.  To make sure that you don't find
yourself up to your neck in very hot water, you need to hire a good,
highly recommended attorney in your area as soon as possible.  If you
don't know of any, and no one you know can give you a satisfactory
recommendation, there are two online resources that can help:

GetAReferral.com
http://www.ilawyers.org/index2.htm

Lawyers.com
http://www.lawyers.com

...or contact the California State Bar Association:

http://www.calbar.ca.gov/state/calbar/calbar_home.jsp

Now to answer your question:

If you have already been served with the suit, you already are locked
in a lawsuit and have two choices:  Answer the suit and fight it or
risk a default judgement against you.  Not answering is probably the
worst thing you can do.  Do not ignore this suit - get a good
attorney, and get one fast.

According to the California Rules of Court, Rule 201.7(g), if a suit
is not answered within thirty days, the plaintiff may file for an
entry of default:

"[Request for entry of default] If a responsive pleading is not served
within the time limits specified in this rule and no extension of time
has been granted, the plaintiff within 10 days after the time for
service has elapsed must file a request for entry of default. Failure
to timely file the request for the entry of default may result in an
Order to Show Cause being issued as to why sanctions shall not be
imposed."

2002 California Rules of Court
Rule 201.7. Time for service of complaint, cross-complaint, and
response
http://www.courtinfo.ca.gov/rules/2002/titletwo/201-299-06.htm

If a default is entered, the plaintiff may then file for a default
judgement.  If a default judgement is awarded, you are legally
responsible for any damages indicated:

"[Default judgment]  When a default is entered, the party who
requested the entry of default must obtain a default judgment against
the defaulting party within 45 days after entry of default, unless the
court has granted an extension of time. Failure to obtain entry of
judgment against a defaulting party or to request an extension of time
to apply for a default judgment may result in an Order to Show Cause
being issued as to why sanctions shall not be imposed."

2002 California Rules of Court
Rule 201.7. Time for service of complaint, cross-complaint, and
response
http://www.courtinfo.ca.gov/rules/2002/titletwo/201-299-06.htm

If it's been more than 30 days since you were served with the suit,
you may have already had a default judgement entered against you.  In
that case, you'll need to contact an attorney and go to court to
attempt to get the judgement vacated.  You'd need to explain why the
suit went unanswered.

I hope this helps, and I wish you much luck with the suit!

--Missy

Search terms: [ California court rules ], [ answer lawsuit California
] and a tip from expertlaw-ga (Thanks, EL!).

It sucks, but you need to contact a competent attorney before you sign
or do anything. If you have a copy of an estimate attached to each
bill or signed estimates on the bill authorizing work for each job you
have done, that will help. If you are a franchisee of a chain, check
with their corporate office.  Another thing to do is check your
liability insurance to see if you have any coverage against frivolous
lawsuits. Good luck

First, living in the UK, I know absolutely nothing about Californian
law but I do know that attorneys in general love either being in Court
or exchanging correspondence with other attorneys.

Here, if any solicitors write to either me or my clients with spurious
claims, I always write back (in my client's name if appropriate)
refuting their claims.

Never get locked into the vicious circle of litigation or
correspondence.

Lawyers are experts at spinning things out and running up their own
charges in the process.