<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JANET WATKINS:
TX, I HAD WOOD FLOORING INSTALLED IN MY HOME AND AFTER MAKING PAYMENT BY CHECK DISCOVERED MAJOR DAMAGE TO THE DRESSER IN MY BEDROOM AS WELL AS OTHER DAMAGE TO THE PANELING IN MY LIVING ROOM. I STOPPED PAYMENT ON THE CHECK AND THE STORE HAS FILED A SMALL CLAIMS SUIT AS WELL AS TURNED THE CHECKS OVER TO THE DA AND THE DA HAS ISSUED A WARRANT FOR MY ARREST FOR A BAD CHECK. THEY HAVE BEEN AWARDED A JUDGMENT IN SMALL CLAIMS BUT WHAT CAN I DO ABOUT THE WARRANT? I PLAN TO COUNTER SUE AFTER, I DEAL WITH THE WARRANT ISSUE?
[This message has been edited by JANET WATKINS (edited August 30, 2000).]<HR></BLOCKQUOTE>
My response:
It's all over, as far as your civil "cross-complaint" is concerned. Your time to file such complaint was at the time you were served with the complaint by the store. Obviously, you never appeared in court to defend against the original complaint, allowing that complaint to go to judgment. You are now "estopped" from filing your complaint, because all complaints against a party, if related, are to be filed and served in a single court hearing. The liberal policy re filing cross-complaints "at any time during the course of the action" (above) does not apply after entry of judgment. It is immaterial that the action remains pending for other purposes (e.g., appeal). [City of Hanford v. Sup.Ct. (GWF Power Systems, Inc.) (1989)208 Cal.App.3d 580, 587, 256 Cal.Rptr. 274, 278 (citing text)]
If you were to attempt to file your claim now, all they would have to do is inform the judge of what I just told you, and your claim would be dismissed "with prejudice". You should never have waited, and you should have consulted with an attorney.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited September 01, 2000).]
