Legal Question in Credit and Debt Law in California

Failed to sign Memorandum of Points and Authorities

I just filed a demurrer and motion to strike to Plaintiff's Amended Complaint, yet, as at first I thought I may have left out pages of the Points and Authorities, it turns out now that I simply neglected to sign the Memorandum of Points and Authorities, which is attached to the Demurrer and which is signed and dated appropriately.

Is having the Memorandum of Points and Authorities unsigned, though attached to Demurrer which is signed, hugely detrimental? I am in Pro Per and thus it was and could only have been me to have filed, and my signature is attached to the Demurrer.

I did try to refile and was told in the filing room that they would not accept as it was the same filing and not an amended filing.

Also, the court room assistant clerk did everything she could to not have me speak with the Clerk. When I went to the court room she did let me view the filing as it will be there until the hearing date. May I simply sign it while viewing it?

May I simply fix the issue at the hearing by stating ownership of the Memorandum and my mistake in not signing though Demurrer is signed and the P&A attached. Is it of great importance as to the Memorandum being unsigned?

Help appreciated.

Thanks


Asked on 5/10/08, 5:46 pm

1 Answer from Attorneys

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

Re: Failed to sign Memorandum of Points and Authorities

Don't worry about it. I think if the other side demands a signed copy you have to provide it, otherwise the document is good. See CCP 128.6.

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Answered on 5/10/08, 8:36 pm


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