Legal Question in Civil Litigation in California
As the "defendant" in a county San Mateo, California unlimited civil suit for money:
Before the dept. LM hearing, can I correct a mistaken filing which was demurrered challenging jurisdiction, xwhen upon further study, I now believe that such filing was a mistake? I believe the more proper response would have been to answer by affidavit with a counterclaim proving lack of jurisdiction and leaving the door open to disprove their claim of liability for an erroneous debt presumed and never validated.
I was never personally served although that is secondary to my main issue re: juristiction/standing/venue .
2 Answers from Attorneys
I have to be honest with you here. Not only do you not know what you are doing, you don't know what you are doing so badly that you can't even frame a question that we can answer. You are throwing around terms you don't understand in ways that make no sense. You need to find an attorney. As one of the other panel attorneys here is fond of saying, "If you can't afford an attorney you must be able to afford to lose the case." I have never ever seen a self represented party win against a lawyer in nearly 25 years of litigation practice, and the longer you wait to get an attorney involved, the more likely you will mess something up that no attorney will be able to undo.
As Mr. McCormick points out, it is hard to answer your question in the manner in which it is worded.
As a general rule, you can file an amended pleading, once of course, before the demurrer hearing. Based on your facts, however, it is not clear whether you are the party who is demurring or the party who is being demurred to.
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