What happens if a plantiff unintentionally serve a defendant
What happens if a plantiff unintentionally serve a defendant an incomplete summons package but both parties appear in court on the court date.JA: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?Customer: The plantiff filed for divorce in Maryland. The defendant is is in Virginia. The plantiff filed a complaint for absolute divorce and as I said was given a court date.JA: Has anything been filed or reported?Customer: Yes, the Plantiff filed in Maryland, and they went to court this week.JA: Anything else you want the lawyer to know before I connect you?Customer: I am the plantiff's mother and I mailed the document to the defendant certified. I did not investigate to see what was inside of the envelope. I just mailed it. The plantiff sand that she though she was sending what was necessary to the defendent. The defendant told the judge that he did not receive the complaint. Unfortunately, I don't think the plantiff made copies of what was in the envelope so she can't prove what was sent to the defendant.
Counselor at Law
Law Educator Esq. ONLY. (This is on the foreclosure case)
Law Educator Esq. ONLY. (This is on the foreclosure case)(This is the regular)The plaintiff filed the foreclosure complaint when there was no termination of stay on the judgment on the plaintiff attorney fees which is still on appeal. Plaintiff later amended the complaint and made the judgment on appeal the second count. I filed a motion to strike the complaint over a year ago and went to two arguments, the plaintiff did not show up in Court and did not file objection. The order on the motion to strike was given 6 months ago and it stated that the foreclosure action was stayed till the determination of the judgment on appeal. The plaintiff filed objection to the motion to strike about a year after it was file and about 5 months after the order was given. You asked me to file a motion to dismiss which was argued two weeks ago. My motion to dismiss is denied,Now the plaintiff just filed another motion for leaf to amend and he removed the count two that is on appeal. So the complaint is now only on the plaintiff's original judgment which was count one. My questions are:(A) Should I object to this amendment?(B) will the plaintiff be able to file a new complaint on the count two after the determination of the appeal?(C) what should I do?
I want to know how many appeals can I file in California
I want to know how many appeals can I file in California courts.JA: Since laws vary from place to place, what state is this in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: Yes. I lost a motion to strike due to error and reconsideration was lost tooJA: Anything else you want the lawyer to know before I connect you?Customer: no
I have a circuit civil lawsuit in West Palm Beach circuit
I have a circuit civil lawsuit in West Palm Beach circuit court of the 15th judicial circuit in Palm Beach county Florida. I am Pro SE.I am suing a company for defamation, libel and slander after they posted an online publication with my name and business profession after I was a witness against their company in court.I filed a complaint, then an amended complaint in which I had a statement: "awarding plaintiff punitive damages"The defendant's attorney filed a motion to dismiss my amended complaint and motion to strike prayer for punitive damages. Stating that I cannot ask for punitive damage in the complaint stage.Is this true?? Can I ask for this later on in another stage of the court proceeding? If so when?Then the defendant attorney whom I don't trust stated to me that he will write up an agreed order in which he send to me. It states the following:ORDERED AND ADJUDGED at follows:1. THE MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT IS HEREBY GRANTED AND THE PLAINTIFF SHALL REMOVE THE PRAYER FOR PUNITIVE DAMAGES2. THE PLAINTIFF SHALL HAVE 10 DAYS FROM THE DATE OF THIS ORDER TO FILE ITS AMENDED COMPLAINT.By agreeing to this and signing this agreement that he wrote up will it ban me from asking for punitive damages later on in the proceedings? I don't trust this attorney and want to make sure I'm not interpreting his write up wrong and then sign to something that I am giving up my rights.
On Tuesday I filed the attached response to Ashton's reply.
for Law EducatorOn Tuesday I filed the attached response to Ashton's reply. Since then he has come back with another reply with additional substantiations in the form of credit card receipts on the plane and in Texas. Now, he wants a decision to quash and $3600 in sanctions. The court will be hearing the case on the original schedule for the OSC, tomorrow morning. Is it possible that the Court might strike this latest response from Ashton based on it being filed so late? Also, isn't it in the law that if he shows up to defend the OSC, that he forfeits the right to demand personal service? In his brief he attempt to avoid that with a disclaimer that he is reserving all his rights. Do you have any other suggestions? The affidavit of KirkKobley is a draft and the top line needs to be changed.
I filed a motion to strike on the Defendants Motion to
I filed a motion to strike on the Defendants Motion to dismissI set the Motion for hearingIn the upcoming hearing Will i be allowed to argue first and if the judge rules in my favor allowing the case to be set for trial canthe defendants appeal the judges disunion to set the case for trial?
Facts: 1. I have a Hearing Monday on my Motion to strike
Facts:1. I have a Hearing Monday on my Motion to strike Defendants Motion to dismiss for statute of limitations.2. I am in within my statutes of limitations and I plan on winning that argument.2. Should i have a Motion for Default ready for the Judge? The defendants did not answer the Complaint.
I have rewritten a few times reasons for 12f strikes and 12c
I have rewritten a few times reasons for 12f strikes and 12c motions against the answers from defendants. Tomorrow will be the last day that I can respond and I want to run them by you for close analysis and opinions if you are available.