Oakland, CA asked in Foreclosure, Civil Litigation and Construction Law for Oregon

Q: I want to sever a civil lawsuit naming me and my son as co-defendants and help with civil procedure.

A building contractor that I individually contracted with put a mechanics' lien on the house where he performed work in Portland and is foreclosing. My son and DiL are the title owners of record, live in CA, and had no knowledge. I have no legal interest and acted as an implied agent, so I'm a proper party. My son and DiL are co-defendants in the action. And I want them dismissed from this action. The issues are different for us - foreclosure for him and breach of contract for me. My son's responses to each allegation would be - denied and demand strict proof thereof. Mine are highly substantive - and I have already filed my own lawsuit against the contractor for defective construction, shortly before he started his action (both actions could be consolidated). Also, my DiL (who is on the title) is named in the pleading but nowhere in any allegation - only I (?) am in any allegation. I likely need a litigation attorney. My defenses and assertions are provable an excellent. Thank you!

1 Lawyer Answer
TeAnna Rice
TeAnna Rice
  • Hillsboro, OR
  • Licensed in Oregon

A: Everyone named in this action should hire their own attorneys to assist on this matter since everyone has their own interests in it. In order to have someone removed as a party, the proper motions need to be filed and granted - it's not as simple as just removing them.

You can find attorneys in Oregon to assist under the "Find a Lawyer" tab. This is a question and answer site, so attorneys cannot reach out to you directly.

Katherine Goodman agrees with this answer

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