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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Aggressive outline for civil preceedings

Customer Question

I filed a civil suit in superior court against a woman who physically attacked me. She has attacked me on numerous occassions in the past. On one occassion she attacked me and accused me of attacking her, this caused me to lose my job and all the benefits which came with it. The attacks occurred only when she was intoxicated and began after she felt I left her for another woman. The last time she attacked me I had her arrested and I filed a civil suit against her for defamation of character, emotional distress, and breach of contract. The case is in LA County superior court +$25,000. Can anyone give me an aggressive step by step outline to follow in order to pursue my civil action against her. I am in possession of transcripts in her own words which outlined the technique she used to deceive my employer and the court costing cost me everything. After I filed my suit against her she hired an attorney and filed a counter suit, which include more lies and outrages claims of abuse.

I cannot afford an attorney but, I have mounds of evidence supporting my position. Her defense appears to be turning my position to a defensive one by distracting from my effort and forcing me to defend against numerous false statements.

Can I force a polygraph on her, is it plausible? How do I keep her on the defense? I want to know about her assets. I want my property back. I will never get my life back but, I can balance our quality of lives. My best estimate of her net worth is approximately $1.5 Mil.


Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


I would be happy to assist you...Can you please answer the following questions so I can get a better idea what the status is to date?


When did you file the lawsuit?


Are there any other causes of actions to the suit?


Did you attach any documentation (as exhibits) to your suit?


Have you served any discovery on her yet?


Are there any hearings scheduled? If so, what type?


What has defendant served to date?


Is the cross-complaint still pending?


Will you be able to travel to California should your appearance be required?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding and providing additional information.


You do need to get answers from her - thus, I would serve her with a Request for Admissions.


Your claim that she attacked you is vital for you to substantiate - therefore, you may wish to address the "first" request for admissions - as follows:


1. Admit that defendant, ___________(her name), attacked plaintiff, _________(your name) on (state date), in the city of ___________, in the state of_____________;


DEFENDANT'S ANSWER:


2. Admit that defendant, _______________, filed a report on ___________, wherein defendant__________stated that she was setting up plaintiff______________;


DEFENDANT'S ANSWER:


3- (Here you can list how defendant set you up - describe what she did such as:


3. Admit that on _____________, Defendant, _____________ (explain in detail what she did...


DEFENDANT'S ANSWER:


You can list other Request for Admissions (Limit of 35 fact admisions absent declaration of necessity CCP §2033(c) (which would have her admit to any and all allegations which reflect your complaint) - if you need a sample of such pleading, see below:


civil DISCOVERY Act statute law and case law OUTLINE continuing legal education


Plaintiff's Request for Admissions


civil DISCOVERY Act statute law and case law OUTLINE continuing legal education


(just for your info: sample of defendant's RESPONSE TO RFAS)


I am also listing another website that provides you with discovery strategy:


California Civil Discovery Law and Techniques -- A summary of the essential rules and methods for effective and economical pr...


You can also serve her with additional discovery such as Form Interrogatories and Request for Production of Documents...


You can obtain any and all forms, including the Form Interrogatories, over the internet at the L.A. Superior Court's website, address is below:


Superior Court of California - County of Los Angeles


You can also check on your case by entering the case number....


It may not be necessary to subpoena the records if she will produce them through the Production of Documents.


Note that you shouldn't have to subpoena the police report or the photos, as you can request same by way of letter - there is a fee for same - thus, you will need to contact the police department/record's department and ask them for the fee amount, you will need to include an authorization for the release of records.  More than likely you will need to subpoena the 911 tape.


If you need additional information or assistance, please do not hesitate to let me know...as I'm in Southern California - L.A. courthouse is approximately 20 min. away by freeway...and, I'm familiar with the clerks at the court.


Please take care.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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