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I filed a complaint against my brother who has done

Customer Question
everything to stifle my father...
I filed a complaint against my brother who has done everything to stifle my father ’s trust agreement. The trust agreement stated I was to be reimbursed for money put into the home but the brother successfully filed false police reports saying that I was vandalizing the home (which I now own) and he also made false accusations saying I was trying to harm my father (who I had a great relationship with). My complaint was recently dismissed by the judge who said there was not enough evidence to prove my case. (Side note: I believe there was plenty of good evidence, only I had poor representation).
The case that was dismissed included Malicious Prosecution and Abuse of Process: The brother encouraged the trust manager who is never around to file a no-trespass saying that my wife and I were vandalizing the property. The wife was charged with trespass whereas another judge dismissed the charge saying no-trespass orders should not be used in family matters.
The complaint also included Torturous Interference of a Contract: The brother did everything he could to keep me from the house and seeing my father.After filing the complaint, I discovered my brother hired a plumber to turn off the water into the house owned by my father’s trust. He did this in December, one week before my wife and I closed on the house causing $90K in damages from broken water lines. My wife and I put $9000 down and had a certified check with the title company for the remaining money owed on the house months before the house closed. My brother knew the house was going to close and had no reason to be on the property or have the water turned off. We did not include damages for the broken waterlines in the first complaint because we did not have proof of who caused the damages. After finding an invoice showing that the brother was responsible, I tried to have the complaint amended, but the judge (without hearing about the new evidence, said he would not allow it, saying that the complaint had gone on too long.My question: I plan to file another complaint for damages against my brother. My brother had the water shut off in hope that it would kill the sale of the house. Since the judge dismissed the first complaint for Torturous Interference of a Contract, which was filed because my brother was trying to stifle the trust agreement, a contract; could I add Torturous Interference of a Contract, since my brother was trying to kill the sale of the home, a completely different contract?
Submitted: 25 days ago.Category: Personal Injury Law
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Answered in 31 minutes by:
3/28/2018
Personal Injury Lawyer: richanne96, Attorney replied 25 days ago
richanne96
richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 369
Experience: Attorney in private practice in Phoenix, AZ
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If the complaint was dismissed "with prejudice," it means you can not refile the claims that were dismissed, such as tortious inference with contract. Interfering with the sale of the home, as opposed to keeping you away from the home and trying to stifle the trust, is going to be found to be basically the same thing. If it was dismissed "without prejudice," you can sue for the exact same claims, as well as adding the claim about shutting off the water. Presumably, you would have new evidence, since the earlier case was dismissed for a lack of it, and a better lawyer.

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Customer reply replied 25 days ago
Please see below, is the judge saying that the cause is dismissed with prejudice?The first cause of action for tortious interference with a contract should be dismissed for
failure to state a cause of action without leave to amend as Plaintiff clearly cannot state a claim
for tortious interference with contract.
Personal Injury Lawyer: richanne96, Attorney replied 21 days ago

Not exactly. The judge is saying s/he is not allowing you to simply amend you complaint because amendment would be futile. The rules state that amendment should be freely granted where it could correct any deficiency, except where amendment would be futile. Whether the case is dismissed with or without prejudice would usually be in the caption of the judge's order.

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Category: Personal Injury Law
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