Legal Question in Product Liability in California
I am representing myself on a case I just filed. What motion to I file to add information to a motion I just sent the court? I just filed a motion to the court to deny the defendant its motion to dismiss the case.
1 Answer from Attorneys
If you are talking about adding arguments to an opposition you filed in response to the defendant's "motion to dismiss" the case, there really is no such procedure for that. [If this case is in the state court (Superior Court), there really is no such thing as a "motion to dismiss," so it isn't clear if this is a federal case or if the defendant's motion was really a motion to dismiss, or some other similar motion.]
If you truly believe you have a case, you really need to see an attorney. If you have a good products liability case (as noted in the practice area you chose for your question), many attorneys would take such a case on a contingency basis so that you don't pay anything up front. You risk having your case thrown out if you get this step wrong, so it would really be to your benefit to ask around, if you haven't already. Some attorneys will draft papers on a limited scope basis, so if you need help with a response to the 'motion to dismiss,' you should try to get it now rather than chance having the case dismissed.
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