Legal Question in Civil Litigation in California
In an unlimited civil case, I filed a 12-page opposition to a Motion To Strike within the 9 court days before the motion hearing.
I included the Table of Contents page, and Table of Authorities page.
But, Those 2 Table pages were incomplete, and had been used for another opposition from last year, from a different case.
I was in a hurry, and didnt have time to correct the authorities and table of contents, cause the court was about to close, on the last filing deadline.
The first five Authorities match and conform to the opposition, but the remaining 8 dont dont.
Would Defendants be able to strike out my whole opposition cause of my defective Table of Contents, and Table of Authorities?
Can I just file an AMENDED TABLE OF CONTENTS RE: PLAINTIFF, JOE'S OPPOSITION TO DEFENDANT, COMPANY A'S MOTION TO STRIKE paper, and file concurrently an AMENDED TABLE OF AUTHORITIES RE: PLAINTIFF, JOE'S OPPOSITION TO DEFENDANT, COMPANY A'S MOTION TO STRIKE paper, seperataley a few days later (about 5 days before the hearing)?
2 Answers from Attorneys
There is no court rule that specifically allows for this, but it would not hurt.
Your amendment should contain a statement of apology and regret for the error, and should be served by some sort of quick service (i.e., not first-class mail) on your adversary. It should also be done ASAP.
I disagree with Mr. Perry. The defendants need to be concerned about the merits of their motion to strike, not your sloppy attempts to represent yourself.
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