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Procedure to Rejoin Dismissed Cross-Defendant ? - CD

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CD Paralegal

Junior Member
What is the name of your state (only U.S. law)? CA

My question involves court procedures for the state of: CA

Construction Defect

Hi all...newbie here.....I need to bring a defendant back in that we previously dismissed.

I represent the developer defendant. When the cross-complaint was filed, we named numerous defendants, but then shortly after filing the cross, we dismissed 5 of defendants (before they were even served). We thought they did not work on any of the homes in the matter... I now received documents supporting that these 5 defendants DID work on homes in this matter so they need to be brought back in.

I believe (I inherited this case from another paralegal) that these 5 were dismissed even before they were served, so before they had any representation or filed an answer.

So what is the procedure to bring these 5 back in?

I am getting answers across the board from just serving them with the cross-complaint, to having to file a motion to set aside the dismissal. The atty keeps saying about signing stips to agree to come back in...but I don't think he realizes there was no representation for these subs in the first place.
 



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