Q: Hello can i file a motion to amend a third complaint? I mistakenly missed my first opportunity to do so. I'm in Pro Per.
I've made such a Huge mistake because the honorable judge gave me a chance to leave to amend it once 7 months ago.. yet because I didn't believe in myself I did a dumb thing I just assumed I would retain an attorney to do it for me.. Nope.. so the judge gave me 15 days to make a third amended complaint and i never did it.. today we had an unrelated hearing and i brought it up.. he told the defendants to move to dismiss the very Important cause of Emotional Distress OMG Noooooo... Can I oppose the defendant once they file to dismiss a cause?? this is an Unlimited Civil case regarding breach of an advance health care directive, I want to file a motion to amend. please help
A:
It is obvious from your post that you need to get an attorney, you even admit you need to. You might get some leeway due to the various orders stopping court proceedings due to pandemic, but something needs to be done pronto. The good news is that if your other claims have "compensatory" or "general" damage, they might include emotional distress. If you have a Negligence claim, it might include emotional distress. A cause of action for "Intentional infliction of emotional distress" by itself is overrated because there can be problems with proving each element.
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