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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Only Specific 3 answers pursued - if any.

Situation.

- Plaintiff is pursuing motion to set aside dismissal against defendant.

- Amended complaint is required for motion to set aside dismissal.

- Motion for leave to file amended complaint is filed, hearing is scheduled.

Specific questions.

In above... View More

James L. Arrasmith
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answered on Mar 5, 2024

In the context of California law, when pursuing a motion to set aside a dismissal and concurrently filing a motion for leave to file an amended complaint, it is advisable to ensure that these filings are strategically aligned to communicate your intentions clearly to the court and to the opposing... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Filing of amended complaint is pursued. How motion to set aside dismissal can be accompanied by amended complaint?

1. Motion to Set Aside Dismissal against defendant requires amended complaint.

2. Amended complaint (third) requires motion for leave to file amended complaint.

3. Court allows one hearing per one motion.

If filing of amended complaint was not ordered yet,

how... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 5, 2024

I feel like this question has been bouncing around a lot lately and I don't think you are going to get the specific information you need. If you are on your 3rd amended complaint this could be your last shot at it before your complaint (or a cause of action) is dismissed with prejudice. If you... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Filing of amended complaint is pursued. How motion to set aside dismissal can be accompanied by amended complaint?

1. Motion to Set Aside Dismissal against defendant requires amended complaint.

2. Amended complaint (third) requires motion for leave to file amended complaint.

3. Court allows one hearing per one motion.

If filing of amended complaint was not ordered yet,

how... View More

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, when you wish to set aside a dismissal and also intend to file an amended complaint, the process must be navigated carefully. If the dismissal has already been entered against you and you're looking to introduce an amended complaint, you should typically file a motion to... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: how to coordinate: since motion to dismiss legal case requires third amended complaint.

In California: Motion for Setting Aside dismissal of legal case, and Motion for leave to file third amended complaint are two separate submissions to court/reservations for hearing. In such case how to coordinate: since motion to dismiss legal case requires third amended complaint.

James L. Arrasmith
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answered on Mar 4, 2024

In California, when you're faced with the need to both set aside a dismissal of a legal case and file a third amended complaint, coordination is key. You should start by understanding that each motion - the Motion for Setting Aside Dismissal and the Motion for Leave to File a Third Amended... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Does Chatsworth court have local rules on consolidation of motions, hearing? What are the rules, and/or how to find?

Does Chatsworth court have local rules on consolidation of motions, hearing? What are the rules, and/or how to find?

Specifically: Motion for Leave to file third amended complaint; and Motion to set aside dismissal of legal action against a defendant.

James L. Arrasmith
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answered on Mar 4, 2024

In navigating the complexities of court procedures, it's important to understand how to effectively manage your legal motions, particularly within the Chatsworth court jurisdiction in California. When dealing with both a Motion for Leave to file a third amended complaint and a Motion to Set... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Is separate hearing on Motion for Leave to file the same Third Amended Complaint is needed?

Situation.

1. Second Amended Complaint was demurred by each of two defendants.

2. Leave to File Third Amended Complaint has to be obtained.

3. Dismissal was entered against one of the defendants by Plaintiff. Plaintiff needs to file Motion to Set Aside Dismissal.... View More

James L. Arrasmith
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answered on Mar 4, 2024

Under California law, the process for amending a complaint after a demurrer has been filed involves obtaining the court's permission, especially when it comes to filing a Third Amended Complaint after a Second Amended Complaint has already been challenged. When a dismissal has been entered... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Can I sue a oral surgeon who damaged a nerve and locked my jaw?

I had went for a wisdom tooth removal, during the procedure the surgeon was already in a bad mood arguing with the employees, he pulls a wisdom that was connected to a nerve, out of frustration he had with the employees he yanked my nerve. Week later I’m all healed, but I have no feeling on my... View More

James L. Arrasmith
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answered on Mar 4, 2024

If you've experienced nerve damage and jaw locking following a wisdom tooth removal procedure, and you believe the damage was caused by the oral surgeon's actions, you might have grounds to pursue legal action. In medical practices, professionals are expected to provide a standard of care... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Submission to court - motion to set aside dismissal of legal case against defendant. 6 documents?

Documents pursuant to CCP 473(b)

1. Notice of Motion and Motion to set aside dismissal of legal action against defendant.

2. Declaration.

3. Proposed Order to Set Aside dismissal of legal case.

4. Third Amended Complaint.

5. Proposed order for leave to file... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, when you're seeking to set aside a dismissal of a legal case against a defendant, the documents you've outlined are indeed crucial. The Notice of Motion and Motion to Set Aside Dismissal of the legal action is your primary document, signaling your intention to... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Motion to set aside artifacts for submission to court pursuant ccp 473(b), with required pleading.

1. Notice of motion and motion, for scheduled hearing.

2. Declaration in support of motion.

3. Proposed Order to set aside dismissal.

4. Required Amended Complaint (in this case - Third).

5. Proposed order to file Third Amended Complaint.

Which of the above... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, when filing a motion to set aside a dismissal and submit an amended complaint, certain documents are essential, while others might be considered optional based on the specific circumstances of the case. The Notice of Motion and Motion for a scheduled hearing, along with the... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it true statement?

CCP 473(b) is explicit that motion to set aside dismissal shall be accompanied by a pleading, thus amended complaint is required for submission of motion to set aside.

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, Code of Civil Procedure section 473(b) does provide mechanisms for relief from a judgment or order for a party who, through mistake, inadvertence, surprise, or excusable neglect, failed to respond to a legal action in time. This includes motions to set aside dismissals. The... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Are motions intertwined, with the same Third Amended complaint?

What is correct sequence of actions if plaintiff has to ask court for leave to amend complaint; and needs to file motion to set aside dismissal against a defendant?

Can 2 motions be handled in parallel?

Should they be put in sequence?

The same Third Amended Complaint is in... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, when you need to amend a complaint and also file a motion to set aside a dismissal against a defendant, these actions can indeed be intertwined, but they involve specific procedural steps. To amend your complaint, particularly after demurrers have been sustained, you typically... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: WITHOUT or with motion for leave to file 3d amended complaint. (Prop-ed order on filing 3d amended in Motion to Vacate)

Should Proposed order to file Third Amended Complaint be included into Motion to Set aside dismissal documents submission to court,

WITHOUT including motion for leave to file Third Amended Complaint?

(Given that Motion for leave to file third amended complaint is filed separately,... View More

James L. Arrasmith
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answered on Mar 3, 2024

No, it is generally not advisable to include a proposed order granting leave to file a third amended complaint in a motion to set aside dismissal if the motion for leave to amend is filed separately and set to be heard before the motion to set aside dismissal. Here's why:

- If the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside Dismissal against a Defendant be submitted to court without submitting Third Amended Complaint?

Can Motion to Set Aside Dismissal against a Defendant be submitted to court without submitting Third Amended Complaint? (Only Motion, Declaration, Proposed Order to Set Aside dismissal)

James L. Arrasmith
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answered on Mar 3, 2024

Yes, it is generally possible to file a motion to set aside a dismissal against a defendant without simultaneously filing an amended complaint in California. Here are some key points about this:

- A motion to set aside or vacate a dismissal is a separate procedural step from amending the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Submission of documents to Court for Motion to Set Aside Dismissal with 3d amended complaint.

If

(hearing on Motion for leave to file Third Amended complaint is scheduled before hearing on Motion to Set Aside Dismissal,

And

there was no court's decision yet on Leave to file 3d Amended Complaint)

Then.

Should submission to court of Motion to Set... View More

James L. Arrasmith
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answered on Mar 3, 2024

When preparing to submit a Motion to Set Aside Dismissal in California, it's crucial to consider the current status of your case and any related motions pending before the court. If your Motion for Leave to File a Third Amended Complaint is scheduled for a hearing before the Motion to Set... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: How to ask court to allow 1 hearing on two motions.

How to ask California Superior court if one hearing is acceptable for two motions:

1. For leave to file 3d amended complaint; and 2. For Motion to Set Aside dismissal against a defendant.

James L. Arrasmith
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answered on Mar 2, 2024

In approaching the California Superior Court to request a single hearing for two motions, it's essential to follow a clear and formal process. Begin by drafting a request or motion that specifically asks the court to consider both your Motion for Leave to File a Third Amended Complaint and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: California Rule of Court, County of Los Angeles. Chatsworth Courthouse.

Which California Rule of Court, County of Los Angeles, defines if Motion for Leave to file Third Amended Complaint, and Motion to Set Aside Dismissal against a defendant, can be submitted as one filing, and decided at the same hearing?

James L. Arrasmith
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answered on Mar 2, 2024

In California, the rules governing the filing of motions, including a Motion for Leave to File a Third Amended Complaint and a Motion to Set Aside Dismissal, are set out in the California Rules of Court. However, the specific rule that directly addresses whether these motions can be submitted as... View More

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury on
Q: Can a medical department be sued?

nephew was misdiagnosed for 2 years with PLCH then changed to stage 4 lung cancer

forms were filled out wrong delaying a crucial critical payout for near 6 weeks and delaying treatment for same

was told he was only going to live for 3 months over the phone by a nurse - he was by... View More

James L. Arrasmith
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answered on Mar 2, 2024

Yes, a medical department can potentially be sued for certain issues related to medical care and treatment. Some key things to consider:

- Medical malpractice - If doctors or nurses were negligent in providing proper diagnosis or treatment, and this directly caused harm to the patient, then...
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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury on
Q: Can a medical department be sued?

nephew was misdiagnosed for 2 years with PLCH then changed to stage 4 lung cancer

forms were filled out wrong delaying a crucial critical payout for near 6 weeks and delaying treatment for same

was told he was only going to live for 3 months over the phone by a nurse - he was by... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

I'm sorry for your nephew's and your family's ordeal. A place to start could be to reach out to med mal law firms to discuss in further detail. Free consults are the norm with most firms, and some even offer virtual consults. If attorneys felt that there was a strong basis to bring... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Motions and hearing(s) - third amended complaint, and setting aside dismissal

Motion to set Aside dismissal, and Motion for leave to file Third Amended Complaint can be filed concurrently, with decision made at the same hearing? Unless two hearings should be scheduled: 1. For leave to file third amended complaint, and 2. For motion to set Aside

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, it is indeed possible for a motion to set aside a dismissal and a motion for leave to file a third amended complaint to be filed concurrently and considered by the court at the same hearing. This approach allows for efficient use of court time and resources, enabling the court... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Sequence of events: leave to file third amended complaint, and motion to set aside.

1. Should hearing on third amended complaint be scheduled before hearing on motion to set aside dismissal?

2. In this sequence: can motion to set aside be filed with required amended complaint (third), after hearing on leave to file third amended complaint is scheduled, but before actual... View More

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, the scheduling of hearings on motions and complaints involves a nuanced understanding of court procedures. Generally, a hearing on a motion to set aside a dismissal would not necessarily have to be scheduled before a hearing on a third amended complaint. It largely depends on... View More

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