Legal Question in Business Law in California

As a proper, I sued a large corporation in the state court for fraud and for some other less serious causes of action. After my complaint was demurred, defense council sent me a notice to dismiss the case with prejudice or defense would motion for me to incur the defendant's legal costs, which to date is about $40,000.00. Not heeding to defense council's request, I filed a First Amended Complaint. Defense countered with a motion to deem me a vexatious litigant and a motion that would require me to post a $100,000.oo bond to proceed the case. I threw in the towel by filing a request to dismiss the case with prejudice. The court entered my request. I must have disgruntled the defendant with my complaint pleadings because defense council filed a motion to vacate the dismissal with prejudice to enable a motion for deeming me a vexatious litigant. The court set aside the dismissal and a hearing date to deem me a vexatious litigant has been calendared. I will file an opposition to the vexatious litigant motion. What kind of action must I file to reinstate the causes of action in my amended complaint?

Asked on 5/22/13, 1:54 pm

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Your question cannot adequately be answered in this fourm as the answer depends on facts you do not provide. Moreover, this is a very complicated area of law. You really need to hire competent local counsel to represent you in this matter. Attempting to handle this matter yourself will likely result in you losing legal rights as well as cost you a significant amount of money.

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Answered on 5/22/13, 4:56 pm

Terry A. Nelson Nelson & Lawless

If the dismissal has been set aside, the case should now be back to 'active' status, just as before the dismissal, subject to all the pending orders, motions and pleadings.

If you don't know how to represent yourself effectively against an experienced attorney intending to win his case and 'beat you', then you should hire an attorney who does.

If vexatious litigant status is imposed upon you, it means the court agrees you have filed too many cases without merit, including this one.

If this case actually has merit, value and collectability, and if you are serious about hiring counsel to help in this, feel free to contact me. Iíll be happy to help fight and get the best outcome possible.

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Answered on 5/23/13, 11:22 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

From what's given in your question, I'm somewhat doubtful that you qualify (so far) as a vexatious litigant. Since you seem to prefer (at substantial risk) to be your own lawyer, I recommend you read the Code of Civil Procedure regarding vexatious litigants at sections 391 through 391.8.

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Answered on 5/23/13, 1:21 pm

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