Legal Question in Personal Injury in California
civil action
As plaintiffs in pro per, my husband and I filed a complaint. After the trial court issued orders granting the defendant�s SLAPP motion and awarding attorney�s fees, we found that the defendant never served two copies of his pleadings to each of us. When the defendant provided a copy of pleading, he merely listed our names in the proofs of service. The defendant�s service was against California Rules of Court, rule 1.21. Therefore, we want to know if we can request the trial court dismiss the action by the reason that the defendant�s pleadings were not served to my husband or me.
2 Answers from Attorneys
Re: civil action
Your avenue would be to file a motion for relief from the court's order under CCP 473. But please, pretty please, retain a lawyer and quit this nonsense about going to court and filing papers in pro per.
You are in a hole, and you need to stop digging.
Re: civil action
You filed a law suit on your own, without knowing either 1) what the proper grounds are for a lawsuit, nor 2) what the consequences are for filing a frivolous action. You got burned badly and YET, you are still trying to "save money" by NOT hiring a lawywer? I have to suspect that there is an underlying hatred of lawyers that would motivate you to punish yourselves repeatedly like this just to avoid hiring one.
Apparently you are not aware that Lawyers provide a skilled service in exchange for compensation, just like you do in your job; a service that would undoubtedly have saved you many tens of thousands of dollars. By the Way, SLAPP litigation is a highly specialized area of law. Many ATTORNEYS don't know how to avoid SLAPP penalties, and you litigated your own SLAPP motion.
Someone out there (read "insurance companies") has done a masterful job of convincing the public that lawyers all have horns and tails so that they should never go near one. That certainly makes life easier for insurance companies and big business, doesn't it? Are you catching on who is your enemy yet? I suspect not. Hate is hard to let go of. I'm sorry for you.
If you are wondering why I am wasting my valuable time on this diatribe, it's because it ticks me off that the REAL villains, insurers and big business who thrive on abusing the small consumer, have managed to convince society that the one guy who can protect them is the REAL enemy. The result is stories like yours. I'm sorry.
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