Removing the wife and daughter from the counter suit

[husbands_lawsuit]

Jurisdiction

Washington

My wife, daughter and I were parties to a settlement contract. I would to file a breach of contract suit against the defendant, but do not want to involve them. If the defendant files a counter suit naming the wife and daughter, can I file a motion to dismiss the counter suit to remove the wife and daughter from the counter suit?

 

[Zigner]

If the settlement was breached, then why not go back to your original case? You may wish to speak to an attorney.

 

[adjusterjack]

My wife, daughter and I were parties to a settlement contract.

Why?

I would to file a breach of contract suit against the defendant,

How did the defendant breach the contract?

do not want to involve them.

Why not?

If the defendant files a counter suit naming the wife and daughter, can I file a motion to dismiss the counter suit to remove the wife and daughter from the counter suit?

I'm sure that you are capable of performing the act of filing a motion.

Whether you would be successful or not is impossible to predict.

 

[Tax Counsel]

If the defendant files a counter suit naming the wife and daughter, can I file a motion to dismiss the counter suit to remove the wife and daughter from the counter suit?

You may file the motion, but it's not likely to be granted because you aren't the right party to file those motions. Your daughter and your wife would be the ones that would need to bring motions to dismiss, assuming that there is some basis for the dismissal.

 

[zddoodah]

My wife, daughter and I were parties to a settlement contract.

What was being settled? Was your daughter an adult or a minor at the time this contract was made?

I would to file a breach of contract suit against the defendant, but do not want to involve them.

While it's not clear, I assume the antecedent of "them" in this sentence is your wife and daughter. Correct? On what basis do you believe you have a claim for breach of contract? If the settlement contract relates to a prior lawsuit, why do you think filing a new lawsuit, as opposed to reinstating the prior suit, is the right thing to do? What, if anything, does the settlement contract say is the appropriate remedy in the event of a breach by the other party? Were you represented by an attorney when you entered into this contract?

If the defendant files a counter suit naming the wife and daughter, can I file a motion to dismiss the counter suit to remove the wife and daughter from the counter suit?

On what hypothetical basis might the defendant file a countersuit?

You can, of course, file anything you like. Whether there would be any basis for such a motion (and whether you would be the proper person to make it) is obviously impossible to determine without knowing the answers to the questions I've asked above.