To add a party defendant into an existing Georgia state court lawsuit, leave of the court must be sought and the complaint must be amended to add the additional party. Plaintiff would move under these circumstances for Joinder and would typically file a brief in support of her motion for joinder, such as the following:
This case arises from Defendant’s failure to pay for agreed upon labor and materials to renovate the Defendant’s restaurant located in Atlanta, Georgia (the “Project”).
Plaintiff originally brought this lawsuit to seek recovery on the above referenced matter against Defendant Owner, Inc. After review of the documents and representations made by the original defendant, it is clear that without the addition of the individual additional defendant as a party defendant, complete relief will not be granted.
On December 10, 2015, Plaintiff filed a pro se lawsuit against Owner, Inc. Plaintiff subsequently retained undersigned counsel on June 24, 2016, prior to his trial which was originally set for July 7, 2016, before this Honorable Judge. Plaintiff filed the First Amended Complaint on July 6, 2015, to add counts for Breach of Contract, Quantum Meruit, Stubborn Litigiousness, and claims for interest and attorney’s fees. The Honorable Judge recused himself on July 7, 2015. Following further review of the documents and a discussion of statements made by the individual defendant that is sought to be added, it has been determined that he is personally liable to the Plaintiff based on his signing the agreements the subject of this lawsuit in his personal capacity and not keeping the corporation separate from his own identity. Plaintiff now wishes to join him, individually, as a Defendant.
III. ARGUMENT AND CITATIONS OF AUTHORITY
THE ADDITIONAL DEFENDANT MUST BE JOINED TO AFFORD COMPLETE RELIEF TO THE PARTIES IN THIS LAWSUIT
Following initial review of the instant case, the additional defendant has been identified as a party that is liable to the Plaintiff based on his conduct related to the contract. The Plaintiff wishes to proceed against the initial corporate Defendant and wishes to join the individual defendant as a co-defendant.
Plaintiff has a right to join parties under O.C.G.A. § 9-11-20. North Carolina Nat’l Bank v. Peoples Bank, 127 Ga. App. 372, 193 S.E.2d 571 (1972), aff’d. 230 Ga. 389, 197 S.E.2d 352 (1973). Pursuant to this section, a person may be joined in one action as a defendant if there is asserted against them jointly, severally or in the alternative any right to relief in respect of or arising out of the same transaction or occurrence and if any question of law or fact common to all of them will arise in the action.
Based on the information gathered, Plaintiff is asserting that the individual defendant to be added is jointly or alternatively liable for Plaintiff’s damages. Adding him at this time as a party defendant will allow proper adjudication of this matter.
WHEREFORE, Plaintiff respectfully requests that the Court grant its Motion to amend the Complaint to add the additional party and that an order issue joining the individual defendant as a party defendant in this action and for such other and further relief that the court deems just and necessary under the circumstance.