Legal Question in Civil Litigation in California

i sued a contracort for taking my money and not doing the job at all.

he filed a grounless motion to dismiss which is totally absured.

i have a case management conference set by the court in 3 weeks.

what should i do between now and then

and on that date what is required of me to pursue my cae further

can i discuss the matter with the judge and remove the demurr


Asked on 1/13/13, 2:43 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You need to oppose the motion to dismiss. That means writing a proper opposition, with valid legal argument properly supported by evidence. You will also have to go to court when the motion is heard and present your arguments. The case management conference has nothing to do with the motion, though it's possible that both are scheduled at the same time. You should not expect to deal with the motion just by talking about it at the CMC.

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Answered on 1/13/13, 3:14 pm
Charles Perry Law Offices of Charles R. Perry

You should think of the motion to dismiss and the case management conference as completely separate. The papers needed for one have nothing to do with the papers for the other. Among other things there are different deadlines for filing these papers.

Do NOT expect just to show up at the hearing on the demurrer and argue why the motion should be denied. Your argument MUST be in formal opposition papers that are filed ON TIME.

In summary, then, you need to (1) prepare and file an opposition to the motion; (2) prepare and file a case management statement; and (3) start your discovery.

I also suspect you need to hire a lawyer. Litigation is rarely a do-it-yourself project. The fact that you are asking questions that any litigation lawyer would find elementary suggests that you will quickly find yourself at sea in the litigation process, with no one to help you. The payment of legal fees to a qualified lawyer should be considered an investment, and not an expense.

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Answered on 1/13/13, 11:57 pm


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