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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am fighting a PERS Industrial Disability issue that has resulted

Resolved Question:

I am fighting a PERS Industrial Disability issue that has resulted in a Writ of Mandate being filed. The Agency is not addressing the issues in the Writ and filed a Demurrer. I am in pro per and researched a Demurrer but was advised that there was not an instrument to file an answer so I didn't. Because I did not file an opposition, the judge granted the Demurrer with leave to amend in 30 days. I am not sure what to do now. The agency has taken a completely seperate issue up on the Demurrer and the judge is allowing it. What can I do?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

This is the type of error that occurs when you are not represented by an attorney unfortunately. There is really no substitute for experience in this situation. Failing to respond typically results in a ruling for the other party. The fact there is not a published form, does not mean a response is not necessary.

You need at least an experienced paralegal to assist you in attempting to get the order set aside through a motion for rehearing on the issue.

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Customer: replied 5 years ago.
We were given the opportunity to amend the filing and we are under the 30 day clock. I have not found ANY attorneys that will even look at this moreless assist with an amendment. What are they asking us to amend the orginial complaint?
Expert:  Tina replied 5 years ago.
The state bar association can provide attorney referrals, or look for an experienced paralegal to assist you with this.

I cannot represent you through this forum.

Customer: replied 5 years ago.
I have tried that also. Ok, I guess what I need to know is are they asking me to amend my original complaint?
Expert:  Tina replied 5 years ago.
Since the court granted leave to amend the complaint, that is likely the step needed to avoid the demurrer yes.

Tina and other California Employment Law Specialists are ready to help you