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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9364
Experience:  attorney at self
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Can I request that a case be dismissed after a demurrer was

Customer Question

Can I request that a case be dismissed after a demurrer was overruled? We are both pro per and he is a law student. He left his hard drive at my house and 3 months later he demanded that I ship it to him. I said he could arrange shipping himself or pick it up. He sued me for tort and conversion for $200k. He eventually arranged for someone to pick up his heard drive. He owes me $10,000.Basis for request: 1. Plaintiff has not cooperated in any way with discovery. In an email, he has threatened to request "sanctions" against me for starting discovery against him. He has refused all of my discovery requests. 2. Plaintiff has recorded me illegally and admitted it. 3. Plaintiff has bullied me, given me unwelcome law advice. 4. I told plaintiff I was turning my previous attorney into the Bar, and he sent that email to the attorney. 5. After the Meet and Confer, he refused to give me a chance to fix anything, but instead filed a demurrer on my Cross Complaint. 6. He sent a different complaint to me that he did not file, but he gave the appearance that he did. 7. He is an old boyfriend. He left suddenly and moved in with another woman. 8. I am filing malpractice against my previous attorney who sabotaged the case on purpose. (Just trust me. He did. I have proof. He was not lazy; he did it on purpose.)
Submitted: 1 year ago.
Category: Legal
Expert:  retireddebra replied 1 year ago.

Where do you live please?

Customer: replied 1 year ago.
This is California
Expert:  retireddebra replied 1 year ago.

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.

Customer: replied 1 year ago.
Thank you, ***** ***** is not family law.
Expert:  N Cal Atty replied 1 year ago.

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?

Customer: replied 1 year ago.
That hearing is July 8.
It's silly. I don't know how it survived the demurrer. He is suing me for tort and conversion when all he had to do was arrange shipping or pick up his belongings himself. It is taking too much of my time.
Yes,in my Cross complaint.
He said he doesn't think it is relevant. That is all he will say.
Expert:  N Cal Atty replied 1 year ago.

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?

Customer: replied 1 year ago.
I don't want to dismiss the XC, I want to dismiss his complaint. My XC is legitimate and his complaint is not. I have contracts that he did not follow through on and proof he owes me $5000.I requested texts and emails between him and his new girlfriend where the hard drives and I are specifically named. I think the whole thing is a scam. I htink the texts and emails would prove that.
Expert:  N Cal Atty replied 1 year ago.

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.

Expert:  N Cal Atty replied 1 year ago.

Did you file an answer after the demurrer to the complaint was overruled?

Customer: replied 1 year ago.
I sent formal request of production of documents. Since I asked the question, she has had a substitution of attorney, and he has filed an opposition to my request for production of documents. so I also have 2 new questions: I am going to serve motion to compel on discovery, an opposition to the demurrer, and a motion to file an amended complaint. (I already amended it once.) 1. Do I serve her or her attorney? 2. Should I file the motion to amend the complaint or wait for the demurrer? She refused give me a chance to amend after out meet and confer for the demurrer.
Customer: replied 1 year ago.
Unfortunately, I am working on this right now and I need an answer, so I am going back to the start of JustAnswer. I still would ask you to respond and then I will give you a good review.
Expert:  N Cal Atty replied 1 year ago.

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.

Expert:  N Cal Atty replied 1 year ago.

Remember, the proposed amended complaint has to be attached to or submitted with the motion for leave to file the amended complaint.