Legal Question in Civil Litigation in California

Patient [Dental]) 1 day before defendant's demurrer hearing, doesn't that suppose to moot the demurrer hearing? ..Because the court ignored Plaintiff's FAC filing, and went ahead with its tent ruling, in that defendant's demurrer is sustained w/out leave to amend as to 2nd C.O.A. (N.I.E.D.), and ordered defendant to answer complaint as the 1st COA-Med Mal(Abandonment of Patient), because Defendant did not demur to the Med Mal C.O.A. .. Should Plaintiff file Motion To Strike Defendant's Answer, and Motion To Set Aside Order (CCP 473b), or is it favorable to litigate to MSJ or ask for 5k nuisance settlement. (Please, don't answer with: You need to speak with a Med Mal lawyer, because lawyers don't take these kinds of puny cases, because according to them, it's not "economically viable" for them to litigate) If you're interested in litigating this case, let me know.


Asked on 8/07/15, 1:48 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

If you don't let everyone know that you filed the FAC, it is possible the court didn't know and went ahead with the demurrer hearing. You may be able to get the court to reconsider its ruling. A motion to set aside might be a way to go also. A motion to strike the answer is probably not appropriate if based only on the facts you post.

You might want to consider consulting a lawyer. You may be able to find one willing to help you draft pleadings for you.

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Answered on 8/08/15, 9:00 am


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