Legal Question in Civil Litigation in California

Evidence needed from defendants befor Cause of Action can be proven

Currently in Unlimited Civil Action where I am the Plaintiff. I am now on my own Pro Per. Defendants are Tiltle Co., Lender, Escrow and Mortgage Broker. Title and Lender keep demuring to complaint, using the Arms length protection. However, I can possibly show that they had more of an interest than an arms length role. But I could prove much more if I can get the Loan Docs and Contracts that they have befor I go to court on Friday. Is there any way to get that from them first? Title is now asking for an extension on the discovery, I am not sure of why more time is needed, but I know they do not want any of the papers to be seen by the judge. Any thoughts of how I should handle this or what reading I may need to do?


Asked on 6/01/08, 3:04 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Evidence needed from defendants befor Cause of Action can be proven

A demurrer is not based upon evidence, so you don't need evidence to oppose it. A demurrer is an argument that, even if you can prove everything you allege in your complaint, the defendant will still be entitled to win. In other words, the court will presume that everything you say is true for purposes of deciding the motion. All you need to do is argue that evidence could support your claim. You don't need to show (yet) that it actually does.

On the other hand, if the demurrer is to be heard on Friday your written opposition is already very late. If you haven't filed one already the court may not let you do so now. This doesn't mean the other side is entitled to win, but it may mean you won't be able to explain why it should lose. Without such an explanation, the court may be persuaded by the defendant's arguments and may rule against you.

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Answered on 6/01/08, 7:08 pm


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