California | Medical Malpractice
Legal Question
I have a couple of questions regarding answers to a civil complaint (California).
1) Is there a deadline to file a motion to strike portions of the answer? A trial date is already set and a pre-trial conference is also scheduled a week before the trial. Should I file the motion to strike now or wait for the pre-trial conference (which would be months from now)?
2) The defendant filed a demurrer claiming that the complaint was time-barred and the court overruled his demurrer and ruled that the complaint was timely. Now the defendant is making the same argument in one of his affirmative defenses (in his answer). Can he use the same argument (that has already been resolved/denied by the court) in the answer to confuse the jury? Or should I file a motion to strike this affirmative defense?
Thanks in advance for your response.
Share This On:
Experienced California Attorneys
At the Law Offices of Eslamboly & Barlavi we handle most types of Personal Injury Cases and Tort cases including: automobile, truck, motorcycle, pedestrian, bike, and slip and fall accidents, dog bites, wrongful death, legal malpractice, medical malpractice and products liability cases. We only get paid if we recover compensation for you. Visit our website or call 1-800-LAW-TALK.
Legal Answer
|
Read More Answered By: Robert F. Cohen |
|
|
