Legal Question in Civil Litigation in California

Yes, get yourself a lawyer immediately. You are over your head. There are several lawyers who now handle these types of cases on a contingency or for a relatively reasonable fee.

Specifically, to oppose a demurrer, you must show that you properly pleaded the elements of fraud: the nature of fraud, who was involved in the fraud, the relationship of that person or persons to the defendant, the fact that you relied on the fraud and wouldn't have done so except for what was represented to you, and the amount and type of damages you suffered. You also must provide the court with the law on the issues, called "points and authorities."

If you insist on handling this yourself, you could ask the court to allow you a chance to amend the complaint to provide more facts as evidence of the fraud -- or you might even do so at any time before the hearing, in which case the hearing should be taken off-calendar.

I agree with Mr. Cohen that you are way over your head. If you had the summons and complaint served, it is YOUR responsibility to see that the proof of such service is filed with the court. The court clerk's typically keep the original summons, but if you were given the original summons, it was also YOUR responsibility to return the original summons with the court. A demurrer is an acceptable response to be filed to a summons and complaint. (Technically, the demurrer itself is an "objection" which is either sustained or overruled, not granted or denied.)

You need to file an opposition to the defendants' demurrer. You need to comply with a lot of Rules of Court, and file it timely pursuant to Code of Civil Procedure section 1005, subdivision (b). There are a lot of things to watch out for, that even attorneys mess up.

I'm assuming that the reason that you do not have a lawyer (who would do this on a contingency basis) is that the lawyers you consulted told you that you did not have a case. If that is true, don't call me.

You need to have an attorney review the demurrer, understand what they are alleging you have failed to properly plead, and raise points of case law and statute to defend your complaint. You will not be able to do this without a qualified attorney helping you. Your lawsuit may be thrown out.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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You should obtain an attorney immediately if you have not already done so.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.