Legal Question in Bankruptcy in California

which motion to file

I'm being sued by an insurance co, I filed a summary judgment because the statue of limitation was past (so I thought, but I guess they made it under the wire by 2 days. ) However, the judge told the plaintiff his complaint was sloppy and he didn't even state a valid claim so he needs to refile it by 1/28/08. I then need to file another answer. Discovery is already complete and the evidence is nothing buy hearsay, irrelevent, stuff. I don't think they really have a case. My question is what type of an answer do I file? Can I file a Motion to strike and Dismiss in one pleading as an answer to the 2nd complaint? Or do I ask for another summary judgment? I know I need/should hire an attorney, but I'm a single mom working 2 jobs just to make ends meet - I have no extra money at all - filing fees along are strapping me. My last Motion for Summary Judgement I filed even the judge told me I did an excellent job and she was impressed. However, now I have to do it all over again! Any and all advise would be welcome.

Asked on 1/14/08, 2:45 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
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Re: which motion to file

As for an answer, you might stipulate with the plaintiff that your answer to the original complaint will be the answer to the new, improved complaint -- depending on what it says, of course.

Depending on the nature of the complaint, you might even have a demurrer based upon statute of limitation grounds, failure to state a cause of action, etc., and cut the lawsuit short. Also, you should make sure to conduct discovery -- especially obtain whatever documentation they have of your debt, to see if it's more than hearsay.

By the way, your answer to an amended complaint won't cost you anything. You might also ask the court for a fee waiver for future filings and trial if you are financially strapped.

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Answered on 1/15/08, 3:30 pm

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