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Hello, I searched and searched and could not find a definite answer on this so please forgive me if I missed it somewhere. 

 

This case is in California. 

My wife was sued by H&E and we are scheduled for trial in September. These are the only steps we've taken, answer, BOP, responded to interrogatories, admissions and production of documents.  We went to the mediation meeting in front of the judge and moved forward to scheduled a trail date.  

My wife has no intention of going to trial and is instead willing to settle with them, I on the other hand am not. 

So my question. 

 

Is there a way to join her as a defendant. I understand the consequences that could come of it and have done as much research as I could. I just simply want to know, what form or what process is needed to request to the judge to be added as a defendant so I can represent both of us. 

 

I appreciate all of your support. 

Thank you, 

R

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welcome to the forum. 

I understand your position. my wife and i went through the same thing. she sued by Midland a year and a half before i got served by Cavalry. I wish i could tell you that you can join her in the lawsuit, however, unless you are an attorney, you wont be able to provide more than moral support during trial. 

during my wife's trial we filed a motion to compel discovery. during the hearing she, understandably, got so nervous that forgot all she had learned and rehearsed. needless to say, court did not move in our favor. after that she decided that she would not attend the trial. however, i kept on, i subpoenaed Midland's ccp98 declarant, filed and served objections to the declaration, objections to each of the evidenced included in their response to ccp96, filed trial briefs.  Midland called her after receiving the documents and they agreed to a monthly payment arrangement on 1/2 the balance of the debt (i think she could've gotten a better deal, had she made them wait to settle the day of the trial, but, oh well).

you don't mention what the alleged balance is.  but for what i remember, on cases that have come through here that have discuss settlement on the early states, is that their first offer would be somewhere around 75% lump sum of the balance. 

if we were in your case, i would again go through the whole thing and wait to settle later rather than sooner.  

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12 hours ago, rnnieves said:

These are the only steps we've taken, answer, BOP, responded to interrogatories, admissions and production of documents

was was the result of the BOP request? How did they respond? did they provide any evidence? did they answer with objections?

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Thank you sadinca for your help. 

 

The responded to the BOP without objection. They included a statement with a zero previous balance ending in the current amount owed. What's weird is that the first transaction shows a date of May 2014 and the only payment made was also in May. The last statement was in December 2014 which means that the account (according to their statements) was only open for 7 months with only one payment being made. But they didn't send any of the other things I asked for but state the typical "Plaintiff reserves the right to amend this bill of particulars at such time as any other statement showing transactions are located."

 

As far as the joinder goes. I have been doing a lot of research and found basically that if someone is going to be sued and you will be personally affected by it, then you can request to be joined as a plaintiff or defendant. I have looking and looking and have not found a specific form but the law is there.  (here is a snip of what I have found, forgive if it's too long).

Joinder is either compulsory or permissive.(2) It is compulsory if the court cannot give complete relief unless the parties are joined, if the judgment might prejudice the rights of the non-joined parties, or if other parties would be exposed to the risk of liability if the parties are not joined.(3) In short, a party must be joined when the court cannot render a fair adjudication without that party. For example, if family members have an undetermined interest in the same fund, the judgment obtained by any one party for part of the fund would necessarily determine the amount remaining available for the others, so all family members with an interest in the fund need to be part of the judgment.

Ironically enough I just found through wiki that you simply must use a pleading form to submit a motion for joinder and give the reason why. So I may have found how to do it. Either way I will continue with the discovery and all that other good stuff to maybe have them back off and drop it. 

 

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9 minutes ago, rnnieves said:

The responded to the BOP without objection. They included a statement with a zero previous balance ending in the current amount owed. What's weird is that the first transaction shows a date of May 2014 and the only payment made was also in May. The last statement was in December 2014 which means that the account (according to their statements) was only open for 7 months with only one payment being made. But they didn't send any of the other things I asked for but state the typical "Plaintiff reserves the right to amend this bill of particulars at such time as any other statement showing transactions are located."

so they responded with objections and only One statement? Did you follow up with any request for documents after the BOP? if not, i would send a Meet and Confer letter to plaintiff stating why plaintiff response to your demand for BOP is deficient. 

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I don't think there's any possible way you can represent her or take her place or be added to the case.

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I can't think of a way to prevent your wife from settling with Plaintiff even if you are joined in the case.  But one  option for joining would be to have your wife file a cross complaint against you.  The facts she would allege would depend on whether the alleged debt was incurred during the marriage, etc.

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