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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Wednesday, July 22, 2015I believe that the facts are there

Customer Question

Wednesday, July 22, 2015
I believe that the facts are there but in my prior filings I had failed to properly state the elements to support the cause of action and also had broken my complaint into several counts. The attorney for the defendants argued each count as either being an action beyond the statute of limitations or that the count (by itself) failed to sufficiently state a cause of action.
I have now revised my complaint into one count of negligence. I believe that I have now sufficiently articulated the cause of action as negligence and have presented the requirements (duty owed to me as client, actions of professional negligence, causation, and damages).
Would you please provide a quote to review what I have written?
I request that you would advise if I have used appropriate language to state the elements required to prove negligence.
I have one last opportunity to file a second amended complaint. The defense attorney filed an exception to the magistrates’ recommendation (that I be allowed to amend my complaint) and requested a deadline be set. The judge ordered a deadline of August 21, 2015 by which I must amend my complaint.
My goal now is to be able to defend another motion to dismiss. You have given me the case law for statute of limitations. As I now have presented my complaint as one count of negligence for the entire complex probate litigation which was not completed until 2015 I believe that I have the argument against statute of limitation.
At the prior hearing the magistrate agreed with me that legal fees were damages. I believe that I have properly stated duty and damages. My concern now is that I have sufficiently and properly articulated the action of negligence and causation. Those sections are where I especially need review and assistance.
My goal is to be able to defend what you cited, that my complaint does “allege ultimate facts to show that the pleader is entitled to relief” and I have stated my pleading “with sufficient particularity for a defense to be prepared.”
Thank you,
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
The question I just provided is response to prior correspondence with Maverick.
Customer: replied 1 year ago.
This question is for Maverick.
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.I can provide you with the elements for negligence and an overview of causation now. If you wish for me to look at some verbiage that you are asking about, simply reply and provide it.I would need to know what state this is in, please?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I had provided history to Maverick by prior contact. I thought I was adding onto that with my question today. Please advise how I can add to that conversation.
Thank you.
Expert:  Ely replied 1 year ago.
Hello,I do not see any questions in your history. Did you sign on with another username? If so, then you may wish to contact customer service and they can "merge" the accounts if they find another one.Or I can just answer your question. Let me know either way (and if you want me to give you customer service's number).
Customer: replied 1 year ago.
How do I contact your customer service. I would like to append the prior history.
Expert:  Ely replied 1 year ago.
Their number is: 1.***-***-****
Customer: replied 1 year ago.
Your customer service department directed me to past this link to my past question so that you can view the history.
I now have files prepared which I would be happy for you to review for wording. Thank you. I could attach the files, but I would prefer if they were not posted to the public.
Expert:  Ely replied 1 year ago.
Okay, thank you. I have the link. This is a public forum, but attached files may be rescinded from view later. I am ready to proceed when you are.
Customer: replied 1 year ago.
I have attached files stating my complaint as one count of negligence. I have presented the requirements (duty owed to me as client, actions of professional negligence, causation, and damages). I request that you review my writing and advise if the elements are sufficiently stated to present the cause of action.Thank you.
Expert:  Ely replied 1 year ago.
I need to know what this is part of. Will this be part of the pleading? If so, in what section (FACTS, ARGUMENT, COUNTS, etc)? Or is this part of a motion or brief or response to a motion (if so, please tell me more) to the Court showing that the Plaintiff DOES have proper causes of action?
Customer: replied 1 year ago.
The sections will be part of my second amended complaint. I thought it would be all one count. I was going to include the duty, action, causation, damages section in that order. I hadn't thought of section headings. I just organized it that way.
Customer: replied 1 year ago.
Attached file provides a list of brief statement of how defendants were negligent.
Expert:  Ely replied 1 year ago.
The thing is, I would need to see HOW THE VERBIAGE FITS into the actual complaint. I cannot go off bits and pieces disembodied from the complaint. Can you provide the actual intended amended complaint?
Customer: replied 1 year ago.
I will put it together and send to you.
Expert:  Ely replied 1 year ago.
Thank you. Please if you can, take out any personal information (names, addresses, dates, cause numbers, court name, locations, etc)
Customer: replied 1 year ago.
Attached is the document with personal information replaced with xxxxx.
I need advice on how to format the wording for my presentation of the cause of action. I fear that the complaint remains too long with too many details. But, I fear that I must state the pleading with sufficient particularity and allege ultimate facts. There are several areas where I believe there was negligence of reasonable fiduciary duty. I wish the cause of action to be negligence. Did I state the cause of action correctly as "breach of fiduciary duty and neglect of reasonable duties" ? I need to understand the legal standard I am required to provide elements of.
Thank you.
Expert:  Ely replied 1 year ago.
Thank you.
My apologies. I am traveling, and am currently offline. I do not want to make you wait, so I am going to opt out and open this up for other experts. Do not worry - everything that we have talked about is already saved and visible for other experts. So you are not skipping a beat. Another expert should pick up and simply continue where I left off.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck...
Customer: replied 1 year ago.
As you have such a high rating, I really would like to obtain your critique. I am also away for the next 48 hrs. Perhaps you could provide a critique early next week?