Legal Question in Medical Malpractice in California

How do you file an ex-parte to request more time to turn in an opposition to a Notice of Demurrer and a Demurrer to first amended complaint with Memorandum of points and Authorities And also a opposition for notice of motion to strike with Memorandum of points and Authorities . What do I write on it in simplest but correct terms , Thank You. Also this is for a person that is mentally handicapped is there any law that may help them to getting an extension . Also plantiff has a 4 th grade ready level and was served by mail , plaintiff has no way of understanding any legal documents and also requires a daily interpreter in sign language and is visually and hearing impaired , so how can they legal prove they served the plaintiff I am also guardian ad litem and I tried to call the dependent Lawyer to request more time she said she did not need to negotiate with me because I was not an attorney and that her position was everything would be settled when we go to court . Thank you

Asked on 8/21/13, 3:09 pm

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1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

It would take you longer, and cost more in time and money to do ExParte pleadings, than to do the responses and pleadings themselves. At least ask the defense attorney for more time before going down the path of time wasting ExPartes.

It appears you need to hire counsel in this, as you clearly demonstrate and acknowledge that you can't, and don't know how to, practice law the same as an experienced attorney, which is the standard you must meet even as a pro per. The med mal defense attorney intends to defeat your claims and protect his client, using all the means available to him, including your lack of knowledge and skill in litigation. If you can't even read or understand defendant's pleadings, how on earth do you think you are going to effectively oppose them with good sound persuasive arguments, case law, etc.??

You should consult with local counsel to see if you actually have a valid and meritorious case worth pursuing that they will take on. "Good" med mal cases are generally handled on contingency. "Bad" ones are simply declined.

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Answered on 8/21/13, 3:36 pm

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