Morris

Plaintiff Crystal Lynn Morris appeals from a summary judgment in favor of defendant Michelle Ann Blank. We reverse the judgment.

Plaintiff Crystal Lynn Morris (Morris) and Bertha Allen (Allen) through Attorney Arthur H. Barens filed their complaint in this action on November 16, 1999 in the superior court in the North Valley District. They sought damages for personal injury and property damage arising out of an automobile accident occurring on December 18, 1998 in Newhall. They served a copy of the complaint on defendant on December 2, 1999.

On December 10, 1999, defendant Michelle Ann Blank (Blank), in pro. per., filed a similar complaint against Morris in the municipal court in the Newhall Judicial District. Blank then obtained counsel. [1] Through her counsel, on January 12, 2000, Blank filed an answer to Morris's and Allen's complaint, as well as a cross-complaint for declaratory relief and apportionment of fault. She served a copy of the answer on Morris's counsel. She did not at that time serve a copy of the cross-complaint on Morris's counsel. [2] Neither Blank's answer nor her cross-complaint mentioned her municipal court action. She did not file a notice…

Introduction

Plaintiff Crystal Lynn Morris appeals from a summary judgment in favor of defendant Michelle Ann Blank. We reverse the judgment.

Factual and Procedural Background

Plaintiff Crystal Lynn Morris (Morris) and Bertha Allen (Allen) through Attorney Arthur H. Barens filed their complaint in this action on November 16, 1999, in the superior court in the North Valley District. They sought damages for personal injury and property damage arising out of an automobile accident occurring on December 18, 1998, in Newhall. They served a copy of the complaint on defendant on December 2, 1999.

On December 10, 1999, defendant Michelle Ann Blank (Blank), in propria persona, filed a similar complaint against Morris in the municipal court in the Newhall Judicial District. Blank then obtained counsel. 1 Through her counsel, on January 12, 2000, Blank filed an answer to Morris’s and Allen’s complaint, as well as a cross-complaint for declaratory relief and apportionment of fault. She served a copy of the answer on Morris’s counsel. She did not at that time serve a copy of the cross-complaint on Morris’s counsel. 2 Neither Blank’s answer nor her cross-complaint mentioned her…

I concur in the judgment but write separately because I believe there is a more direct means to the same end.

Facts

In December 1998, Crystal Lynn Morris and Michelle Ann Blank were involved in an automobile accident. In November 1999, Morris (represented by the Law Offices of Arthur H. Barens) sued Blank in the Los Angeles Superior Court, North Valley District. 1 On December 2, Blank was personally served with summons and the complaint. On December 10, Blank (in propria persona) sued Morris in municipal court (Newhall Judicial District); *833 Blank’s complaint did not mention Morris’s superior court action, and Blank did not file a notice of related cases in either court. Blank’s complaint was not served on Morris at that time.

On January 12, 2000, in the superior court case, Blank (represented by Kim B. Puckett, a lawyer provided by the Interinsurance Exchange of the Automobile Club of Southern California, Blank’s insurer) answered and cross-complained against Morris (for declaratory relief and apportionment but not for any affirmative relief). Although Blank’s answer was served on Barens (Morris’s lawyer), the cross-complaint was not served on Morris or Barens. Neither…