Legal Question in Civil Litigation in California

I have filed a pro se unlimited civil suit against my exwife, her attornies and several other paties and they have now filed motions to strike and demurs and there are court date set for those hearings. Should prepare documents (if so which ones) to counter those motions and or prepare to argue them orally?


Asked on 3/09/14, 6:23 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Technically (which means some judges don't know this rule) you are not allowed to orally argue if you do not have a written opposition. Some judges refuse to hear oral argument at all, and only want written briefs. I personally think it is foolish to not prepare a written opposition to any motion or petition that you are opposed to.

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Answered on 3/09/14, 6:51 pm

If you have only filed the complaint and no amendments, you can just file an amended complaint that cures the defects identified in their motions. If you can't cure the defects by amendment, you should file a dismissal before you set yourself up to be sued for abuse of process and malicious prosecution. Without knowing anything about what grounds you have sued these people for, I can still say that there is virtually nothing you can properly sue another person's lawyer for since they have the litigation privilege to protect them and they owe no contractual or other legal duty to you that could be breached to give grounds to sue them. So unless you have a VERY unique situation, you can't do anything but dismiss at least as to the attorneys without setting yourself up to be sued back after they get your case thrown out.

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Answered on 3/09/14, 7:14 pm
Kelvin Green The Law Office of Kelvin Green

Can I add I believe you need counsel. You are in way over your head.

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Answered on 3/09/14, 7:23 pm


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