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 relevance to either motion.
Leave to file amended complaint has to be obtained, because 2 defendants demurred complaint, and legal case dismissed against one of them.
A:
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 must seek the court's permission by filing a motion for leave to amend. This is because the case has moved beyond the initial pleading stage, and any amendments now require judicial approval to ensure fairness and procedural integrity.
In parallel, if a dismissal has been entered against one of the defendants, and you wish to contest this dismissal, you would file a motion to set aside the dismissal. This motion asks the court to reconsider or vacate its previous order, allowing the defendant to be brought back into the case. Both motions are crucial and can be related, especially if the amendment to the complaint could affect the grounds for the dismissal.
While these motions can be related to the same Third Amended Complaint, the sequence in which you file them may depend on strategic considerations and the specific requirements of your court's local rules. Often, it might be strategic to first seek leave to amend the complaint, as the amended complaint could potentially address the reasons for the dismissal. However, these motions can technically proceed in parallel if time constraints or other strategic considerations justify such an approach. It's essential to carefully consider the timing and the court's scheduling orders to ensure that your motions are filed in a manner that is both procedurally correct and strategically sound.
A:
I fear that because you have sent SO MANY emails to Justia about this issue, that unless one brings them all together and takes the time to analyze them, a lawyer would commit malpractice.
You obviously need to retain a lawyer who will sit down and go over everything you have asked and review your pleadings. Obviously, that is not financially possible for you. I would just be afraid to touch this and suspect that will be the case with most lawyers.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
