Legal Question in Business Law in California
Do I submit the answers separatly?
I got hit by two sets of papers by the defendant: A demurrer and a Motion to strike part of my Complaint. DoI have to answer separatly or not? Do I have to write an opposition to the demurrer and on a separate papers I have to respond to the motion to strike.Even thaw in both, the demurrer and themotion to strike are argude the same exact thing?
3 Answers from Attorneys
Re: Do I submit the answers separatly?
You must respond to each in a separate written Opposition, and each must include your Memorandum of Points and Authorities in proper form. There are various Rules of Court that govern these types of motions. You should review them.
Re: Do I submit the answers separatly?
As Mr. Guerrini says, you have to respond to each. However, what some attorneys will do is just summarize the argument in the motion to strike, include points and authorities, and state in writing that the statement of facts and argument in the demurrer is "included herein by reference," thereby saving some paper.
Often, motions to strike seek to exclude extraneous material that, in the defendant's view, is not necessary to the complaint, and punitive damages. If you can make a good argument for punitive damages, the court probably would be reluctant to take them out, unless they are not legally permissible (such as a "simple" breach of contract lawsuit).
Re: Do I submit the answers separatly?
And you thought all you had to do was file a complaint and you'd get to tell your story to the judge, just like small claims court on TV. Well, this isn't small claims court, and if you don't know what you're doing, you'll lose, and quickly. Maybe this would be a good time to reconsider your decision to try and be your own lawyer.
Related Questions & Answers
-
Construction Contract Issue Long story short, I hired a general contractor to... Asked 9/13/08, 6:41 pm in United States California Business Law
-
Jury Do juries always decide trials? Asked 9/13/08, 5:37 pm in United States California Business Law