Legal Question in Civil Rights Law in California

motion to strike a civil complaint

I am currently sueing (withwout an attorney) a university, for damages in an unlawfull arrest case. The university's lawyer recently sent me a copy of motion to strike that he filed in court. The motion is based mostly on technicalities and it mentions that I need to be in court on or about a certain date for that issue, but the court has not sent me a notice to appear.

Question:

1.What are the chances that the court will strike the entire complaint based on technicality?

2. Do I have to appear to court based only on the university's lawyer request to address the issue of motion to strike.

Thanks

Dan


Asked on 10/04/08, 7:30 pm

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

Re: motion to strike a civil complaint

You can't spell, and you are suing a university without an attorney? Did this university admit you as a student? If they did, maybe they should be sued for pretending to be a university.

1. The court will most certainly strike your complaint, the case will be over, and you will have lost.

2. The court will strike your complaint whether you show up or not, unless you file a timely opposition.

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Answered on 10/04/08, 7:48 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: motion to strike a civil complaint

I apologize for my colleague's sarcasm. You definitely will have to file and serve an opposition to the motion to strike at least 9 court days before the designated hearing date.

Nothing is a technicality! You should consult with an attorney if you want to have a chance to keep your case alive. Good luck!

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Answered on 10/04/08, 9:30 pm


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