Legal Question in Civil Litigation in California
Breach of Contract Questions
I am the plaintiff in a civil breach of contract action and am lost procedurally. 1. Do I need to subpoena the defentant to appear for trial or is it required? 2. How can I get court paperwork for Service, Motion to Compel, Motion for Discovery, Admissions. I would like to get a sample for the format/structure for Interrogatories but had difficult in the law library and did not find the librarians helpful. I want to follow closely procedural expectations for the submission of these forms.
3. Is there some statute I can quote in such a case? Ex spouse paid partially on this contract to help support a disabled adult son while in college (not mentioned in the agreement)and then stopped. This is not a Family Court matter. Our ''Agreement'' was signed between the two of us after our son reached age of majority to insure college funds. Is there anywhere I could research this as it pertains to Civil Breach of Contract? We did not put a time limit in the Agreement.How can I prove the intent of the document (other than it looks rather obvious to me). I am overwhelmed with this but don't know where to turn. I am a pro per. He has an attorney who doesn't cooperate with anything. Thank you for your help.
2 Answers from Attorneys
Re: Breach of Contract Questions
You might check the "find forms" section of LawGuru for form interrogatories and other types of court forms. Some of the motions you write about require legal skill. Nevertheless, you might consult with a law library which sometimes has basic form books to get you started. Consulting with an attorney is probably wise at this stage.
As far as getting the defendant to trial, a notice to appear at trial, bearing the name and address of the court, the room number, and the date and time, has the same effect as does a subpoena if served on his attorney. It does not need to be filed with the court unless the other party does not appear. Good luck!
Re: Breach of Contract Questions
This is not going to be the answer you wanted to hear. If you want to learn how to practice law, most law schools will teach you the basics in about three years. You have discovered that being a plaintiff in pro per is more complicated than just filing a complaint and paying $200. You have also discovered that being a pro per does not entitle you to help or sympathy, either from the court or from the defendant's lawyer. At this point, your options as I see them are 1) retain an attorney; 2) pray for a miracle; or 3) settle the case on unfavorable terms (you dismiss the case in exchange for not having a large judgment for costs rendered against you). There is no magic bulletin board that will instantly teach you how to be a lawyer, so I would opt for 1) or 3). You could also dismiss the case and refile it in small claims court -- where your maximum recovery is limited to $5000, but you would be more likely to prevail.
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