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Just recived a summons


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I just received a summons from Chase Legal Dept. I have done some archive research and still have a few questions. Thank you for your help in advance.

i)Does the answer to the Summons need to be served to the Plaintiffs? What is protocol here?

i)Chase is suing for Breach of Contract. I have two credit cards with them. However, I originally applied for these accounts with FIRST BANK. Chase acquired FIRST BANK in 2003 or so. Around that time I was informed by CHASE of a change to the TERMS OF MY AGREEMENT/CONTRACT that I had with FIRST BANK - I promptly closed the accounts. These accounts were closed in 2003 and there has been no activity on these accounts for 6 years. I have been making regular payments ON TIME for 6 years. Only till I became unemployed in 2008 have I had to let my accounts go delinquent.

Can I request a dismissal based on SOL? What would be a defense to get the case dismissed?

Thank You

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Does the answer to the Summons need to be served to the Plaintiffs?

You can mail a copy to them.

Chase is suing for Breach of Contract.

Did they include a copy of the contract?

Can I request a dismissal based on SOL?

No, SOL clock started when you breached the contract.

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Meerybucks,

Thank you for the reply~

They did NOT provide a copy of the contract with the summons. Also, they are claiming that I appiled for credit with them. This is NOT accurate - I applied for credit with FIRST BANK not CHASE.

Would attaching a copy of the suit be helpful? This is CA Superior court.

Thank You

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So the Demurrer askes the judge to dismiss the case due to lack of evidence OR does it simply require the Plantiffs to provide evidence of the contract in question? Will the Plantiffs have to refile the complaint?

Additionally, they are suing on a second cause of action for OPEN BOOK ACCOUNT. Should I address this separately or will the Breach of Contract/lack of evidence/Demurrer invalidate the complaint?

Thank You

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From what I understand, a demurrer requires that the judge accepts the claims of the plaintiff as fact on the face of the complaint. The demurrer says that even if what they are claiming is true, their summons is defective. From what I gather, the summons can be defective on a technicality like perhaps they checked a box saying the case was unlimited but also checked the box saying the case was a limited civil case. You could demur on the grounds that the pleading is vague, but the judge would likely give them a chance to amend their summons.

On the other hand, when you are served with a summons that says you owe money due to a written agreement OR the plaintiff is claiming breach of contract they must either use specific language from the contract and cite which pages apply and how you breached according to contract provision XYZ and or the page where you signed the contract OR if they say written agreement, they should attach a copy of the signed written agreement.

If they don't then you can demur and say that they have failed to state facts sufficient to justify their cause of action (even IF they might be entitled to some relief) that is what a demurrer does.

As an aside, I have been reviewing PACER documents over the past couple of weekends. In particular, I have looked at how the big banks defend themselves from lawsuits by unhappy customers acusing the banks of fraud, usury etc. THE most used defense by these banks is FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED. I have seen a poster here say that this is weak, but this affirmative defense seems to get banks off all the time. In other words, they may be guilty as sin of defrauding their customers and whatever else, but they attack the complaint itself saying that the plaintiff hasn't provided facts sufficient to justify their cause of action and from what I've seen, this gets them off 95% of the time!

A demurrer is basically saying the same thing, from what I gather.

BTW: I DO think that your demurrer must address both causes of action, but see CA Rules of Civil Procedure Section 430.10, most people use part (e) on their demurrers but you can use any of the reasons outlined in the rule.

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This discussion reminds me of a very funny law professor I once had.

He called a demurrer a "so what." You look at the complaint and say OK, fine. But "so what", I don't owe you anything. An example of this would be when the complaint discloses on its face that plaintiffs' claims are barred by the statute of limitations.

A summary judgment motion, on the other hand, is a "Yeah but". YEAH, you might say all this stuff in your complaint, BUT the evidence shows otherwise.

He also used to admonish us not to tell this to any clients. If they found out how simple this stuff really was, they wouldn't need a lawyer :)

Sorry Prof. Hogan.

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Merrybucks, rikkivs, ALVA, calawyer, et al.

Thank you for your replies, input and sharing of vital info. I have completed a Notice of Demurrer and customized my Demurrer based on the exact language in the Plaintiff complaint.

Question: Does the Demurrer need to be on a special paper or can I just file it on legal stock?

Thank You

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