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.”