Legal Question in Civil Litigation in California

I (Plaintiff) filed a pro se case in a federal court. Defendants filed a motion to dismiss. I asked for leave of court to file an amended Complaint and Defendants opposed it stating that the amended Complaint would moot their existing motion. I was granted leave and filed an Amended Complaint which added a new Defendant and new claims. The very filing of my first amended Complaint moot Defendants existing motion.

Defendants did not refile their motion to address my new claims and new Defendant. The judge however granted Defendants their motion even though it was renedred moot and even added the new Defendant to the Order even though the new Defendant was never part of any motion to dismiss.

Does a court have the jurisdiction to issue an order on a moot motion and does a court have the jurisdiction to hypothetically dismiss claims on a defendant when the defendant did not file any motion to have his/her claims dismissed?


Asked on 4/20/10, 9:34 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The court would not have the jurisdiction to act as you describe. I you are within the proper time period, you need to file for settilng aslde the order.

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Answered on 4/25/10, 10:34 pm


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