Legal Question in Civil Litigation in California

Thank you for your comments however it was shortsighted. And although I wouldn't compare so much to surgery, there are times when surgeons make mistakes and have to go to another surgeon to FIX it. Anyway, I had limited scope attorney who advised me to wait submit the motion to amend until April after our SSC on 3/19. In hopes that we would settle. As it would cost more to do motions that may not necessarily have been required, etc ... attorney stated it was to save me undue costs. however after the SSC she dropped out and I submitted in Pro Per.

we can't change what's been done so far but what I seeking is help with suggestions to best try to get this done. So resubmit under CCP 1008 even though motion deadline before trial was 5/7 when it was denied? It was denied because it was incomplete. Which I'm horrified that my attorney did not advise me of what I needed to do. Needless to say, I'm not very happy with the service I paid so much for thus far as I've gotten no where but almost bankrupt as well still having the RO. Thank you again and if you're able to assist, I greatly appreciate it.

This was in reply to: https://www.lawguru.com/answers/question/show/RH9kTJYcWA


Asked on 5/18/10, 12:45 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I apologize for my comment as I was aware that you were representing yourself, but did not realize that you had a prior attorney who had left you high and dry. I made the assumption that you represented yourself and got yourself into the jam. Again, I apologize.

With that said, however, you would still have to follow Code of Civil Procedure section 1008, if the motion was denied, and the denial was not stated in the order as a denial without prejudice. Your attorney should have known not to delay, as delay is a ground for denying the motion, as shown by the court's order that you recited.

Code of Civil Procedure sectoin 1008 limits your time period to file a renewed motion to a ten (10) day period. The ten day period runs from service of the notice the entry of the order denying the motion. The new motion must be made on grounds that either new facts or law support a different ruling on the motion that was denied earlier. Violation of Code of Civil Procedure section 1008 can result in contempt, and a sanctions pursuant to Code of Civil Procedure sectoin 128.7.

If you are going to do it yourself, I recommend reading a copy of the statute, and reviewing the discussion contained in Chapter 9, "Law and Motion" contained in The Rutter Group's Civil Procedure Before Trial. You can get copies of both at the County Law Library.

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Answered on 5/23/10, 1:25 pm
James Bame San Diego Law Office

I would be happy to assist you in your goal. Please contact me directly.

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Answered on 5/24/10, 1:44 pm


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