Legal Question in Civil Rights Law in California

civil (tort)

On 12/15/08 defendant filed a demurrer to my amended complaint. When I got a copy of the demurrer I noticed it starts out ' To Plaintiff ...' instead of ' To the Court ...'. Because I was not served with this demurrer I assumed that defendant had mistakenly filed the copy that was ment to be served to me and I filed a motion for a default judgement (because the demurrer was filed 14 days late) on 12/16/08. On 1/6/09 at the case management hearing the defendant lawyer told the court that he was unable to serve me the demurrer because the post office was unable to deliver it to the P.O.Box I designated and served me the demurrer right there infront of the judge. When I tried to tell the judge of the discrepancy in the filed demurrer (the fact that it was addressed to me) the judge told me that there was no such filing. The online court record does show the filing.

Q

1.I believe the defendant's lawyer is trying to say that the demurrer was filed late because the post office could not deliever it. If that was the case why didn't he file it in court at the time he maild it to me?

2. What can I do to bring this issue before the court?

Thankyou

Z


Asked on 1/06/09, 10:19 pm

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

Re: civil (tort)

If you don't know what you're doing, why are you filing complaints with the courts? It's only a matter of time before the other lawyer grinds you up into little pieces and gets a judgment against you for court costs.

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Answered on 1/06/09, 10:36 pm


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