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I am in a lawsuit with my Ex. He is a law student and I am a
I am in a lawsuit with my Ex. He is a law student and I am a physician. His new girlfriend is a paralegal. He is suing me for tort and conversion for $200K because he left his hard drives here and I refused to take responsibility to ship them but told him he needed to arrange shipping or pick them up. I filed a XC because he owes me $5000 and he kicked me out of a business which we had a contract for and let his new girlfriend in. We are all pro per, and I do not know what I am doing.Both of them filed a demurrer to my XC. They have bullied me every step of the way, even recording me illegally. When she and I had our meet and confer, she did not tell me I was on a speaker phone and that he was in the room until we were half way finished. I sent both of them an email saying I was turning my previous attorney into the bar and they forwarded that email to my previous attorney (as well as multiple other emails to him) even after I asked them to stop. There is more. She also lied in her summary of our Meet and Confer.Here is my question: can I write all of this in my response to both of their demurrers? If not, is there a better way to make the Judge aware of this?
The Facts:1. I filed a complaint and writ of mandamus
The Facts:1. I filed a complaint and writ of mandamus together FL. R. Civ. P. 1.630 ExtraordinaryRemedies2. I filed for admissions3. The defendant never answered the admissions4. I filed for Summary judgment5. The plaintiff filed motion to strike the summary judgment because the judge had notintervened in the writ of mandamus6. I filed an amended complaint and removed the writ of mandamus from the complaint7. The defendant than filed for summary judgment set for June 26th.QUESTION:1. Are my admissions that I filed before the amendment still good?2. The defendant never answered can I still make the defendant answer those questions?How do I make the defendant answer ?The statute says after 30 days they admit. I really need the questions answered for thesummary judgment.Thank you ***** *****
I'm going to court Friday court to hear my motion to
I'm going to court Friday for the court to hear my motion to compel discovery and the plaintiffs summary judgement. However, the plaintiff has started the exact same case with a different law firm.Does that mean that the original law firm no longer represents the plaintiff as it seems that the plaintiff cannot present the original contract for the loan that I'm compelling discovery on.They may be disappointed with the original law firm. What should I say to the judge on Friday about this new action?
Facts 1. I filed Judgment on failure to answer
Facts1. I filed for summary Judgment on failure to answer Admissions2. I requested hearing dates for notice of hearing3. The defense attorney filed for case management conference4. During the case management conference the Judge told the defense attorney he had 10 days to answer admissions5. The defense attorney filed for summary judgment and did not mention admissions6. The hearing is June 29th7. Can I file motion to strike and sanctions for failure to answer additions8. If not how can I use the failure to answer discovery admissions in the summary judgment hearingThanks Steve
The judge said to my motion n.2 " Replies to opposition are prohibited without leave
The judge said to my motion n.2 " Replies to opposition are prohibited without leave of court . " (Supp. to the General order at 2.) Regardless, the adjudication of the underlying Motion to dismiss filed on March 2, 2016 renders this file moot. see supra Part II(A)-(D) at 2-4.If it is moot how can I ask permission? What do I say to ask the court permission to resubmit the 2nd motion? Instead of saying a motion can I say a reply or objection to the plaintiff's ?
I have a procedural question regarding Sec. 10-6 of the Connecticut
I have a procedural question regarding Sec. 10-6 of the Connecticut Practice Book.In January I filed a pro se complaint for a declaratory judgment in the Superior Court for the JD of New Haven. The return date is March 1, 2016. The defendant's attorney file his appearance on April 24.Connecticut Practice Book Sec. 10-6 provides as follows:Sec. 10-6. Pleadings Allowed and Their Order:The order of pleading shall be as follows:(1) The plaintiff's complaint.(2) The defendant's motion to dismiss the complaint.(3) The defendant's request to revise the complaint.(4) The defendant's motion to strike the complaint(5) The defendant's answer (including any special defenses) to the complaint.(6) The plaintiff's request to revise the defendant's answer.(7) The plaintiff's motion to strike the defendant'sanswer.(8) The plaintiff's reply to any special defenses.Sec. 10-8. Time to PleadCommencing on the return day of the writ, summons and complaint in civil actions, pleadings,including motions and requests addressed to the pleadings, shall advance within thirty days from the return day, and any subsequent pleadings, motions and requests shall advance at least one step within each successive period of thirty days from the preceding pleading or the filing of the decision of the judicial authority thereon if one isrequired, except that in summary process actions the time period shall be three days and in actions to foreclose a mortgage on real estate the time period shall be fifteen days. The filing of interrogatories or requests for discovery shall not suspend the time requirements of this section unless uponmotion of either party the judicial authority shall find that there is good cause to suspend suchtime requirements.To date the defendant has not filed a responsive pleading of any kind. My question, therefore, is this: Where the defendant has failed to file a response of any any kind to my complaint within thirty days of the return date, is the defendant in default for failure to plead?In a related matter, Connecticut Practice book Sec. 17-44. Summary Judgments; Scope of Remedy,provides as follows:In any action, including administrative appeals which are enumerated in Section 14-7, any party may move for a summary judgment as to any claim or defense as a matter of right at any time if no scheduling order exists and the case has no been assigned for trial. If a scheduling order has been entered by the court, either party may move for summary judgment as to any claim or defense as a matter of right by the time specified in thescheduling order. If no scheduling order exists but the case has been assigned for trial, a party must move for permission of the judicial authority to file a motion for summary judgment. These rules shall be applicable to counterclaims and cross complaints, so that any party may move for summary judgment upon any counterclaim or cross complaint as if it were an independent action. The pendency of a motion for summary judgment shalldelay trial only at the discretion of the trial judge.Question: Does section 17-44 of the Connecticut Practice book allow me to file for summary judgment at this time (keeping in mind that the defendant has yet to file a response to my complaint) ?
1) I filed a complaint in Palm Beach County Florida in 2013
1) I filed a complaint in Palm Beach County Florida in 2013 with 2 counts: a) Violation of the Florida Whistleblower's Act FL(###) ###-#### ***** b) breach of contract under a collective bargaining contract with a College2) I also filed a complaint with the Florida Department of Financial Service (FDFS) as required by Florida statutes in 2015 for: a) Violation of the right to due process under USC 1983 and b) Intentional infliction of emotional distress.3) The FDFS has not responded. They have told me I have to contact the Defendant's attorney instead.4)Defendant made an offer of judgment on the complaint filed, which I did not consider serious.5)Defendants have been filing motions to dismiss but have not been setting them up for a hearing.5) The docket has a fourth amended complaint but Defendants have filed a motion to dismiss the fifth amended complaint set up for a hearing on April 29th 2016.6) Defendants have refused to submit to a deposition. The judge has ordered that they have no basis of objecting to the majority of my request for production and have given them 60 days to produce.7)I am looking for an attorney to: a) Look at the complaints filed; b)Look at Defendants' MTD; c) Look at my response to Defendants' MTD d)look at my tort complaint with the FDFS and possibly sue on the tort complaint in Federal court and e) take over the case in Palm beach county.What do I do about the MTD the fifth amended complaint which is not on the docket?
In the midst of a messy California eviction process, the
In the midst of a messy California eviction process, the defendant sent us a copy of a UD – 106, ANSWER– UNLAWFUL DETAINER before being finally successfully served with the complaint and summons paperwork. It is my understanding that this is perfectly legal - assuming that she also filed it with the Court, which we will know tomorrow. IS SHE ENTITLED TO RES SUBMIT AN AMENDED FORM- and, if so, does she have to stay within the five day window for a response after the date the summons and complaint was served to her by a professional process server? Would the court require that she sends us ancopy of the second UD – 105 as was necessary for the original? Would she be allowed to submit information contrary to that submitted in her response during the actual hearing? (e.g. She states in 2(b) that this statement of the complaint are true ( EXCEPT for an alternative defense 3(J) involving and a "domestic violence", referring to an incident between the landlord and tenant,not two parties within an intimate relationship)
This question deals with the introduction of new legalView more legal questions
This question deals with the introduction of new legal arguments and new evidence in Appeals Court, which was not introduced in Federal District Court. Appeals Court for the 11th Circuit.It is my understanding the Appeals Court can only make a decision on the information contained in the Federal District Court. I believe this is App. Rule 10(e). Please give findings and cases which support this. Can I have a reply thrown out because the defendant attorney never made any objection, but now wants to make the objections in the Appeals Court?