ophiuchus Posted March 25, 2011 Report Share Posted March 25, 2011 Went to the court today (california) Plantiff was filing motion to amend complaint and i was at the court objecting it, but the judge still grant plantiff's motion.now the court says i have 15 days to file another answer to the amend complaint.my question is:should i still trying to answer it and spend another $250 for the filing fee or should i just quit? Link to comment Share on other sites More sharing options...
chiquita55 Posted March 25, 2011 Report Share Posted March 25, 2011 If he just amended the complaint why do you have to pay another fee. Just amend your answer. Is it the same complaint?? What part did they change? what do you mean you tried to stop it? Why did the judge allow it? Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 25, 2011 Report Share Posted March 25, 2011 Went to the court today (california) Plantiff was filing motion to amend complaint and i was at the court objecting it, but the judge still grant plantiff's motion.==========================================This is the kind of motion that is a no brainer. Pretty much no way you were going to win. Move on. File your amended answer. Find a law library and begin your discovery. Go to the judicial council website and pull form discovery. You say you called one law firm. Is there only one law firm in your city? Why not find the attorney who have beaten the guys on the other side and ask the question. Never know. You may run into someone who is in your fraternity or from your hometown. One thing is certain if you don't ask a competent attorney you need to find your way around the local courthouse and the a the local law library. Get your discovery started. You want to be able to report at your case management the process you've made, what's remaining and any problems. Good luck. PM if you need more detailed assistance. Link to comment Share on other sites More sharing options...
ConsumerAttorney Posted March 25, 2011 Report Share Posted March 25, 2011 I am interested to know why the OP thought he would need to pay another filing fee. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 25, 2011 Report Share Posted March 25, 2011 Yeah, next time don't object to a motion to amend a complaint you will lose 100 times out of 100 times. You have to file what is called an amended answer, you should not have to pay a double fee. Link to comment Share on other sites More sharing options...
ophiuchus Posted March 25, 2011 Author Report Share Posted March 25, 2011 the reason i went to objecting is because plaintiff did not follow the CRC Rule 3.1324(a)(2). he deleted the whole section from 1 of the cause of action (money had and received) and did not properly stating it on the pleading. but judge still granting it even tho plaintiff failed to follow the rule. how sad!!! Link to comment Share on other sites More sharing options...
rikkivs Posted March 25, 2011 Report Share Posted March 25, 2011 File your amended answer and be as thorough as you can about it. Judges are obligated to look at pleadings with a liberal eye and they usually grant motions to amend pleadings on the first request. If you motioned to do the same thing, he'd be obligated to grant it to you as well. Now if the other side is always trying to change something around then you object and the court can also file their own motions:) Link to comment Share on other sites More sharing options...
ophiuchus Posted March 25, 2011 Author Report Share Posted March 25, 2011 since judge granted the amend complaint, which includes the addition of exhibit, its like 100 pages of billing statements, now i do not know how to file my answer. Link to comment Share on other sites More sharing options...
chiquita55 Posted March 25, 2011 Report Share Posted March 25, 2011 Do the billing statements add up to the amount they claim you owe? Do they show your name and account number on them? If so, there is probably nothing you can do but if they don't add up to what you owe you should ask for an accounting of the bills from ZERO til now and see if they add up to what they are asking for. Thats all I can think of. I think your goose is cooked if they have your whole case history that they have submitted to the judge unless your SOL has passed. Link to comment Share on other sites More sharing options...
Linda7 Posted March 25, 2011 Report Share Posted March 25, 2011 What year did you open the alleged account and what year was the default? And, what is the ballpark amount they are suing for?You know where I'm headed with this . . . Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 26, 2011 Report Share Posted March 26, 2011 $250 to file an anwser, geeze, I can imagine the states that charge people to file an anwser to these suits have an even higher percentage of defaults than ones like mine that don't charge anything. Hate to think of all of the people who might have the desire to fight it, but simply can't afford the fee,wow. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 27, 2011 Report Share Posted March 27, 2011 since judge granted the amend complaint, which includes the addition of exhibit, its like 100 pages of billing statements, now i do not know how to file my answer.=====================================================don't be concerned about their amended pleading. It's no big deal. You live in California. Get on with your case. File your discovery. Draft really tight rogs based on their revised pleadings. Same with your production requests. Set your depo again, based on their revised complaint. Good luck. From what you've posted I see no reason at this point that you can not beat these guys at a bench trial. Just do your due dilligence. Get to a law library. Use a binder guide if you don't know how to draft a particular pleading. PM me if you need additional help. Their 100 page exhibit and perhaps their entire pleading you will kick or defeat in your prosecution of your defense. Was the complaint verified? Again, pm me if you'd prefer more direct comments. Link to comment Share on other sites More sharing options...
ophiuchus Posted March 28, 2011 Author Report Share Posted March 28, 2011 its not a verified complaint. and the account still with in the SOL Link to comment Share on other sites More sharing options...
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