My question involves court procedures for the state of: CA
My friend (from another thread) who had a dispute with a Sub of his general contractor is being sued in small claims. He wants to counter sue.
He is being sued by the sub-contractor (electrician on the job). However, here is where it gets kind of hairy.
The electrician, I believe illegally, is filling as an individual to get around the corporate limits for small claims even though all dealing, billings, and payment have been made to the corporation and he himself has not done any labor at the job site (i.e. he has sent workers over to do the work). My friend does not have a contract with the electrician. His contract is with the GC.
In his counter suit he wants to name the following people/entities
1. GC (as CEO of the construction company)
2. The GC's Company
3. The GC's Bond Company
4. The Electrician owner (not the guy who did actual work) as CEO of the Sub Contracting Electrical Company
5. The sub-contracting electrician's company
6. The sub-contracting electrician's bond company
Why all these people? Well his contract is with the GC and his company who has agreed to perform the work that was not done. The GC had discussed and presumably has an agreement with the electrician sub to perform the work. So he can show breach of contract by the electrician through linking him to the GC. Otherwise there is no contract. The bond companies apparently have to be informed and named as defendants because (per the small claims site) some will not pay on the bond unless they were named as defendants.
Given that the only plaintiff on the original law suit is the owner of the electrical company can he still file a "Defendant's Claim" (From SC-120 in CA) and name all the other people as defendants or would he need to file a separate claim in small claims to name all the other parties?
TIA!
My friend (from another thread) who had a dispute with a Sub of his general contractor is being sued in small claims. He wants to counter sue.
He is being sued by the sub-contractor (electrician on the job). However, here is where it gets kind of hairy.
The electrician, I believe illegally, is filling as an individual to get around the corporate limits for small claims even though all dealing, billings, and payment have been made to the corporation and he himself has not done any labor at the job site (i.e. he has sent workers over to do the work). My friend does not have a contract with the electrician. His contract is with the GC.
In his counter suit he wants to name the following people/entities
1. GC (as CEO of the construction company)
2. The GC's Company
3. The GC's Bond Company
4. The Electrician owner (not the guy who did actual work) as CEO of the Sub Contracting Electrical Company
5. The sub-contracting electrician's company
6. The sub-contracting electrician's bond company
Why all these people? Well his contract is with the GC and his company who has agreed to perform the work that was not done. The GC had discussed and presumably has an agreement with the electrician sub to perform the work. So he can show breach of contract by the electrician through linking him to the GC. Otherwise there is no contract. The bond companies apparently have to be informed and named as defendants because (per the small claims site) some will not pay on the bond unless they were named as defendants.
Given that the only plaintiff on the original law suit is the owner of the electrical company can he still file a "Defendant's Claim" (From SC-120 in CA) and name all the other people as defendants or would he need to file a separate claim in small claims to name all the other parties?
TIA!
Civil Procedure Issues: Counter Sue in Small Claims in California
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