Legal Question in Personal Injury in California

I need a answer to summons and complaint for premises liability. I own a rental property and someone who was visiting said they fell 2 years ago. I recall at the time her saying she had a argument with her brother and fell. I was not served properly. The document was laying on the ground. Then the attorney mailed me a copy of the info as well. To avoid a default judgment I need to file an answer. Do you have something I can type up to avoid a default and give me time to get funds together to pay an attorney? I was a legal secretary years ago and can prepare the form and file it.

I believe she went to the ER but I am certain she did not say she fell on my property. The woman is a tweeker and I allowed her to stay during the day at my property because she said she was fighting with her brother about her dog. Her brother did not like her dog and her dog was very ill. She wanted to be near her veterinarian. Out of kindness I asked the tenants to allow her to stay. This is a property I own as a rental.

The insurance company is trying to get out of covering this because they say I did not have liability only fire insurance. It is Farmers Insurance. They did this to me before. I ended up paying nearly 20,000 for a dog bite that did not belong to me or my tenant because the million dollar liability policy disappeared. I had them put a million dollar liability on my personal residence and extend it to the 2 rental properties.

She is claiming she fell on my concrete steps because some rocks were on it and made it slippery. 1000s of others have walked on those steps and not fallen. There are pebbles in my yard as in California we try to make our yards to avoid wasting water.


Asked on 3/08/11, 3:42 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

Because so much is at risk to you here, you should pay an attorney for a consultation. You will want to force your insurance company to cover you for this liability situation.

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Answered on 3/08/11, 1:22 pm

There is a form Answer available on the Judicial Council's website. courtinfo.ca.gov Then look for the Forms tab at the top.

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Answered on 3/10/11, 11:24 pm


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