Legal Question in Civil Rights Law in California

My name is Jason Wayne Naillieux and I am not a student but Stanford Law School comes to mind when I thing of the law and the know how with the law. I live in California and remember reading in some civil law book about a hearing that is designed to tell the person that has questions in regards to the law and what he or she may do. The book I read it in explained that the hearing is where the Jude hears what has happened and judges what has happened to you by telling you that this is the type of law that it is and these are your possible remedies in an A,B,C description. I am looking to hire an attorney and so far all of them has told me that there is no such thing and that no attorney will file for that type of hearing for me. If you would please help me with the name of that hearing I will be extremely grateful. Thank you.

Sincerely,

Jason Wayne Naillieux


Asked on 1/07/15, 6:17 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Judges will tell people that they cannot give advice and they cannot answer hypotheticals, i.e. "what ifs." You might be thinking of a demurrer to a complaint. There, early on, a defendant objects to the lawsuit because there's not enough information in the paperwork to support the lawsuit. The defendant will file a demurrer explaining why the complaint is deficient. Then, after the plaintiff responds in a written opposition, the court (judge) will either sustain the demurrer or overrule it, and provide time for the defendant to file an answer or the plaintiff to amend the complaint. The court often will state the reasons that the complaint is deficient or sufficient. Often, the demurrer, itself, will give a savvy plaintiff more information to craft a better complaint if necessary.

Read more
Answered on 1/07/15, 6:46 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California