Legal Question in Personal Injury in California

If the principals, to a civil personal injury-negligence suit, listed as "Respond eat Superior" to the case, were dismissed as defendants on a Demurrer defense of "Timed Barred, be held liable under "Vicarious liability for the defendants were a summary Judgement is granted? To pay the Judgement, if the remaining defendants cannot be located in the case? If so, How and What Statutes to used?

Asked on 2/13/24, 5:44 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Dismissed is dismissed.

In plain English, those dismissed by Summary Judgment order are gone from the case, permanently, and for all theories and purposes, except for enforcing and collecting any court order they may have against the losing plaintiff for their attorney fees.

Any other or subsequent plaintiff judgment against other defendants in the case would not include those already dismissed.

The plaintiff would be left with trying to collect on any judgment plaintiff may obtain, from any remaining defendants actually included in the case, and subject to any judgment against them. If you never 'located' them nor had them served, then they are not in the case, nor 'subject to' any judgment.

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Answered on 2/14/24, 10:21 am

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