browniebrownie141 Posted December 3, 2013 Report Share Posted December 3, 2013 First here is the background info:-lawsuit in Los Angeles, California-Superior Court of California-defendant is the person who filed the MSJ After the MSJ was filed, if I need to make some changes, what will be the best options to do : make 1st amended MSJ ( to supercede the original one) OR simply send in supplementary as additions ? Reasons: 1. plaintiff amended Discovery response, which I based on for the MSJ- so undisputed material statement needs re-work; 2. would like to strengthen the "lack of legal standing" as reason for MSJ. BTW, they have not filed the opposition reply to MSJ, in fact, they still have 1 month. Thanks Link to comment Share on other sites More sharing options...
browniebrownie141 Posted December 4, 2013 Author Report Share Posted December 4, 2013 Someone suggested "amend"; someone suggested pull it off and re-file, giving 75 days notice all over...; someone suggested wait until JDB plaintiff file the opposition reply.... I am confused....?? Anyone please...( and if you can also tell me what are the drawback(s) for each options- amend/ pull it off-refile/ send in supplementary/ wait for opposition... I really want to do it correctly, no mistakes, hope you all can understand.... Million thanks Link to comment Share on other sites More sharing options...
skippy1960 Posted December 4, 2013 Report Share Posted December 4, 2013 Brownie, It Appears you can amend or at least the attorney in the link posted did. Check out the link: http://www.mydesert.com/assets/pdf/J1169715129.PDF 1 Link to comment Share on other sites More sharing options...
stanislavbr Posted December 5, 2013 Report Share Posted December 5, 2013 I wouldn't change anything in the MSJ. You file MSJ, they file opposition to MSJ, and you get to reply to opposition to MSJ. If they don't bring up the amended changes to discovery in their opposition to your MSJ why help by doing it for them. Sit back and wait for opposition and counter it with your reply. Link to comment Share on other sites More sharing options...
Anon Amos Posted December 5, 2013 Report Share Posted December 5, 2013 Stanislavbr: If you read Brownie's original MSJ you would amend it. It made no sense, and the new one is much better, and addresses the actual elements of his case. Link to comment Share on other sites More sharing options...
browniebrownie141 Posted December 5, 2013 Author Report Share Posted December 5, 2013 Anon Amos is RIGHT, I am working on re-writing. My Question here is that : HOW to / in what form, ie, amend ; sending supplementary; pull-out the existing one & refile ?? I want to keep the existing hearing date, which is 1 month away,...but a gentleman brought up a concern, that it may be a problem. I tried to search the court rules, but could'nt find it? Perhaps stupid me?? Can anyone look it up and confirm for me, it's superior court of california, Court house is Chatsworth- Los Angeles County. Can anyone really confirm for me, PLEASE !!! Million thanks Link to comment Share on other sites More sharing options...
browniebrownie141 Posted December 5, 2013 Author Report Share Posted December 5, 2013 the CCP 437c and 438 does not address my question ??!! http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=437c-438 Million thanks Link to comment Share on other sites More sharing options...
Anon Amos Posted December 5, 2013 Report Share Posted December 5, 2013 I already said that amending an MSJ is not common, you can't expect a landslide of information on it. I don't know how much more convincing anyone could do to top Skippy1960 post #3. Drafted by a lawyer and listed as an amended MSJ, it gives you a perfect example of what it should look like and be called, and I believe the rule is in it as well. Also; if you want to keep your date then all you can do is amend. Other then that all you can do is cancel the MSJ and file another one (something I would not do). Sometimes there is more than one thing you can do. I would not be too concerned that a gentlemen brought up a fact that "it may" be a problem, especially if they don't offer a solution. Your case IS going to be a problem; that should not come as a newsflash to you. Depending on who it was that said it; it may be worthless information anyway. You may want to try learning in the law library, and see if you find answers that you prefer, at least you will know the answers are trustworthy. Other than that; there usually are more than one thing you can do, and you don't always know for a fact that it will be the right thing to do. Also if you do something wrong now and then, you don't necessarily lose the case (as long as you don't mistake your way into default). You should know as well as anyone that you can make mistakes and still stay in the game. Of course you will have to "amend" the mistakes when you can. Good luck, hope this helps. 1 Link to comment Share on other sites More sharing options...
browniebrownie141 Posted December 5, 2013 Author Report Share Posted December 5, 2013 Dear Anon Amos: As soon as I finish the Amended version, will let you take a look before taking it to Court ! I don't mean to offend you, I apologize. Sometimes, just a reflections, wow I made a few mistakes, just want to make sure ... BUT I AM VERY GLAD YOU and ohters CAREs, ....Can't say thank you enough... Million thanks Link to comment Share on other sites More sharing options...
Anon Amos Posted December 6, 2013 Report Share Posted December 6, 2013 No offense taken, and I don't mean for my post to come off as rude. I would be glad to look at anything you have before you file it. Also, I would not sweat the deposition too much. It's similar to being on the stand at trial. The lawyer will ask you questions. Answer them as short as possible, try not to admit to anything. Anything you say can and will be used against you at trial. You can also use objections to private information etc. Link to comment Share on other sites More sharing options...
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