Legal Question in Civil Litigation in California

Filing multiple motions to a complaint

A complaint was filed with three causes of action and there are a number of flaws in each cause of action. Question is, what is the proper format to address each issue in one filing?


Asked on 7/08/08, 5:24 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Filing multiple motions to a complaint

Your question does not say whether you are the plaintiff (needing to file an amended complaint) or the defendant (needing to challenge the complaint).

In either case, you need to consult and retain a lawyer so as to maximize your chances of not losing the case. If you are the defendant and the damages might be covered under your auto or homeowners' insurance, call your carrier.

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Answered on 7/08/08, 5:35 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Filing multiple motions to a complaint

As Mr. Stone notes, it's not clear whether you are the plaintiff or the defendant. I will presume the latter.

Your question does not say what kind of "flaws" you have in mind, nor does it say what you mean by "addressing" them. Depending upon what they are, what you hope to accomplish and how much time has passed since you were served, I can think of several ways you might respond -- some of which might involve more than one filing.

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Answered on 7/08/08, 6:09 pm
Terry A. Nelson Nelson & Lawless

Re: Filing multiple motions to a complaint

If you're the defendant, you'll have to file Demurrers or Motions to Strike, as appropriate. If you're the plaintiff, you'll need to amend the complaint. If you don't know how to practice law in accordance with all the court rules and regulations, you'll need to hire an attorney that does to avoid losing your case. Feel free to contact me if serious about doing so.

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Answered on 7/08/08, 6:33 pm


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