Legal Question in Civil Litigation in California
Third Identical Suit by Plaintiff
I'm being sued for the third time (each case identical) by someone who is obsessed. I've been advised that if I can get a certified copy of the Motion for Summary Judgment from the last case (dismissed with prejudice), in front of the judge for the current case, I could probably get the current case dismissed, as well. All of my opponent's complaints are based on the same ''evidence'' from his original case, filed in 2000 (also dismissed). During the second case in 2004, the judge agreed the complaints were time-barred. Does a lawyer have to write a new Motion for Summary Judgment to accompany the old Motion for Summary Judgment? How many billable hours would normally be required for this? I trust the judgment of the high-profile lawyer who told me this is not a complicated matter (unfortunately he can't rep me due to a conflict of interest). He showed me how all the necessary case law had already been laid out in the MSJ the last judge reviewed. Other lawyers, however, are quoting $20K just to get started, telling me that the matter is complicated and won't be cheap. Considering that the Plaintiff is acting pro per, and his current complaint doesn't even state a case, this doesn't sound right. Thank you.
7 Answers from Attorneys
Re: Third Identical Suit by Plaintiff
Depending upon when you were served and what you have done since then, you may be able to get the case dismissed with prejudice via a demurrer. The fee for doing so should be a fraction of what you have quoted. This presumes, of course, that your post is accurate and includes all the pertinent information.
Re: Third Identical Suit by Plaintiff
Hello. I am sorry to hear about your frustrating experience.
If the cases and parties are identical, the new lawsuit would be dismissed based on the doctrine of res-judicata / claim preclusion.
This shouldn't be expensive. I don't know much detail about your case and I would hate to quote you a price for such a service that I would charge, but I am sure that it would be much, much less than $20k.
If you would like to discuss this, please contact me at [email protected]
Thanks.
Arkady
Re: Third Identical Suit by Plaintiff
$20K to fend off a lawsuit that's already been beaten back on summary judgment? Remind me to raise my fees. Does this vexatious litigant have any money or assets that can be levied upon if you were to obtain a sanctions order?
Re: Third Identical Suit by Plaintiff
The motion needed would be judgment on the pleadings. I would also include, if possible, a motion for your attorney's fees and costs as sanctions. The $20,000. price tag is ridiculous: If things are as you say they are then whole process shouldn't take more than 10 hours, hearing included, plus costs.
Re: Third Identical Suit by Plaintiff
I agree that a demurrer should resolve the present case without costing but a fraction of what you were quoted. I also agree that you should ask for sanctions against the filing party. It would be interesting to hear the grouns on which he repeatedly files the same action.
Re: Third Identical Suit by Plaintiff
To file a dispositive motion such as demurrer should not cost you more than $3500 or so. If you need any help, please contct me.
Re: Third Identical Suit by Plaintiff
The only comments I can add to those already posted are the following: (1) Please act promptly. A demurrer must be filed in the same time deadline for an answer (i.e. 30 days after service); (2) You may want to consider filing a complaint for malicious prosecution or get an order preventing this guy from doing the same thing again; and (3) The attorneys answering the question are from various jurisdictions because you didn't list your zipcode. You will want to find an attorney that is close to you to avoid unnecessary additional costs. Best of luck getting this resolved without complication. If you're in a Central California county, please feel free to contact me for a formal consultation. - Cathy
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