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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4872
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I need to file a motion to dismiss a civil lawsuit in the Ca..

Resolved Question:

I need to file a motion to dismiss a civil lawsuit in the Ca.. How do I do that?
Submitted: 10 months ago.
Category: Legal
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Just to clarify, are you asking about dismissing the law suit because it fails to state a cause of action or on some other basis?
Customer: replied 10 months ago.

No..It a lawsuit from someone claiming I run a FL based LLC out of CA. They claim I am the president, and that I have 2m of their money. I have never run a company out of CA and have never heard of the suing party and have never signed or received money from anyone by that name. I was however a partner in a company in 2011 in FL. But I was the secretary and never dealt with any of the documents, banking, or transactions on paper. Even my old partners have never hear of this group. But for some reason they are suing me. So thats why I want to file a motion to dismiss.

Expert:  Joseph replied 10 months ago.
Hello John,

Thanks for the clarification. I'll get back to you shortly.
Expert:  Joseph replied 10 months ago.
Hello John,

Actually, what you would need to file is a demurrer, since motions to dismiss cases in California are only for criminal cases.

Unfortunately, it's unlikely that your demurrer will be granted. These types of pre-trial motions for dismissal of a case are only based on the legal arguments that are made and not the facts that are asserted. So unless there is a flaw with the legal arguments and they fail to state a cause of action on which relief can be based, you're unlikely to knock this suit out before trial.

Instead, I would suggest that you speak to a local attorney and then consider having him (or you could directly if you don't want to hire an attorney) contact the plaintiffs (or their attorney) to inform them that you are not the appropriate person for the law suit. Since no one wants to go on a wild fishing expedition when they're not going to be able to recover, they may be willing to drop the suit if you are able to clear this up prior to the case going forward.

Other than that, you're going to have to wait till trial when the plaintiffs will not have the FACTS to support their case and fail on that accord, since pre-trial motions are limited to legal arguments not factual ones.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Customer: replied 10 months ago.

Thanks for response and clarification. I do have one more question. Is there a form on the Los Angeles Superior Court Website that I can fill out first and bring in before I hire an attorney? If this looks like they are trying to open a discovery phase can I at least just answer it generically at the courthouse and then see where it goes from there? I know there tremendous wait times for trials in Los Angeles, and I assume there would be lengthy wait to even see a judge for judgement against me even if I didnt respond and they got a default judgement. Which is something I wont do. But I cant I use the back log of cases to my advantage while I get my ducks in a row? Thanks, John

Expert:  Joseph replied 10 months ago.
You want to fill out an answer, which is available here, assuming the causes of action are mostly contract based:

http://www.courts.ca.gov/documents/pldc010.pdf

You can find additional forms here:

http://www.courts.ca.gov/formname.htm

Joseph, Lawyer
Category: Legal
Satisfied Customers: 4872
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 17 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Joseph,


 


One more thing when Im done filling out the document you sent with the link do I have to hand that in person at the courthouse or can I submit that online? What is the process, and does it cost money to have it filed from my end? Thanks

Expert:  Joseph replied 10 months ago.
Hello John,

You would need to serve that document at the court (by either you or someone else going over there and doing it). And, you would need to serve it on the plaintiffs through a process server (someone over the age of 18) who would give the document to a person over 18 at the residence of the person(s) who are suing you.

http://en.wikipedia.org/wiki/Service_of_process
Customer: replied 10 months ago.

Thanks. Just curious if this somehow fell through the cracks and I never received it how it easy would it be for the suing the party to get a default judgement in CA courts against me for 2m? and how long in general is the wait to see a judge to get that judgement. The reason I ask is that its scary to think someone could just put a 2m lien on me if say someone in my apt signed for the subpoena and I somehow never got it.

Expert:  Joseph replied 10 months ago.
Hello John,

2 million dollar judgments are not the types of default judgments that the courts will make (except in exceedingly rare cases).

The court certainly wouldn't make it if you just don't show up to court.
Expert:  Joseph replied 10 months ago.

Hello John,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

Customer: replied 10 months ago.

Hi Joseph,


 


I received a wallop of a deposition this weekend by UPS. It contained a date in October for me to appear and 43 questions. My question is do I have to appear in person or can I answer these questions in writing. Its clear like you stated, they couldn't get a default judgement against me for 2M just because I didn't answer or show up. What are the ramifications for not going to the depo and what type of delays are they looking at to try and get judge to make a ruling. Its clear to me this attorney is running the bill and doing as much as possible on paper to keep this going. Thanks

Expert:  Joseph replied 10 months ago.
Hello John,

Unfortunately, this is a separate question and per the rules of the site, you need to post it as a separate question.

(I would be happy to answer it for you here, but those are the sites rules).

Please post it as a new question and address it to me or request me directly to answer it for you and I would be happy to do so.
Customer: replied 10 months ago.

I just submitted a new question addressed to you.

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