Legal Question in Civil Litigation in California
procedural
The lower court Judge stated in writing he denied Plaintiffs' motion to
amend because he had received a letter from Defendants. The
plaintiffs requested a copy of the letter. The Judge then wrote a
Memorandum stating he made a mistake and the letter came from
the Attorney for the Defendants. The Plaintiffs contacted the attorney,
who informed plaintiffs he never wrote any letter to the Judge. And
so, the Judge had fabricated a complete story about an alleged letter,
to use this fabrication to deny plaintiffs' motion to amend. The
Appeals court saw these fabrications of the Judge but refused to make
a ruling. The Plaintiffs do not wish to go to the trial next week
without this important claim and wanted to know if they filed a suit
vs. the state and state court in the U.S. District federal court, would
this automatically ''stay'' the trial in the state court, giving plaintiffs
time to get this claim into their complaint.
2 Answers from Attorneys
Re: procedural
No. Federal courts will not intervene in state-court civil cases. Your proposed federal lawsuit will thus not only fail to delay your state-court case but will accomplish nothing and will potentially subject you to liability for abuse of process.
Re: procedural
The federal court would not have jurisdiction to address your claims.
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