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Where do you live please?
The question was placed on the Canada law list in error.I will ask the site to move this to the US family law list for you.
Thank you for your question.
Was the demurrer to the cross-complaint overruled?
Why do you want to dismiss the case?
Did you include a claim based on the illegal recording?
Did your opponent explain why he claims discovery is premature or somehow improper?
There is no point in dismissing the cross complaint as long as you are still being sued. A cross complaint does not have to arise out of the same facts as the complaint.
What type of discovery did you attempt? Was there a written objection?
Did you send a formal request for production of documents?
The Court has limited power to just dismiss the complaint but can do so as a sanction for failing to cooperate with discovery requests or on a motion for summary judgment.
Did you file an answer after the demurrer to the complaint was overruled?
1- You serve the attorney
2- If you want to file an amended complaint anyway, you can file the motion for leave to file the amended complaint before the demurrer is heard.
Remember, the proposed amended complaint has to be attached to or submitted with the motion for leave to file the amended complaint.