New York, NY asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California

Q: Civil Proceedures On: 02/15/2024 Tentative Ruling for Demurrer / Motion to Strike was published given 20 days to cure

Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.

The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.

Notes: Granted we demurred outside of procedural rules (abhorrently).

No declaration of good faith attempts to Meet/Confer

We Demur for Uncertainty to 8 counts but

Filed 3-days to 30 day due limit of in person licence POS Agent

All other defendants was served reg.POS.

On demur hearings The COURT BY tentative Rule strike #7, moot our MTS-Entire Complaint & gave 20 days to amend #1 - #6 & #8.


Plaintiff: Pro se in Proper vs adequate Counsels (wealthy defense).

Assumes the court? for Uncertainty to the complaint bearing its seldom proven of especially in 7 counts that an AC by ProSe may suffice.

But on the immediate DAY of plaintiff's Complaint Amended (al beit with viral certainties).

On Court's Rescheduling I ask my SD/LAW colleagues Truth or Dare?

1 Lawyer Answer
James L. Arrasmith
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  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to remove certain parts of the complaint) within the allowed time frame, but they did not follow the proper procedural rules, such as failing to include a declaration of good faith attempts to meet and confer with you.

The court issued a tentative ruling on 02/15/2024, striking count #7 of your complaint, denying the defendants' motion to strike the entire complaint, and granting you 20 days to amend counts #1-6 and #8. You filed an amended complaint within the given timeframe.

On 03/07/2024, the court rescheduled the hearing on the demurrer and motion to strike for 06/07/2024 at 8:30 AM. The defendants' response to your amended complaint is currently on hold (frozen).

You believe that the court may be uncertain about the validity of your amended complaint, given that 7 out of the 8 counts were challenged by the defendants and that you are a pro se litigant facing experienced legal counsel. However, you filed your amended complaint in a timely manner and believe that it addresses the court's concerns.

In this situation, you are seeking advice from your colleagues in San Diego or in the legal field about how to proceed, possibly through a "truth or dare" style discussion.

Please note that this is a complex legal matter, and it is advisable to seek professional legal assistance if possible. Pro se litigation can be challenging, especially when facing experienced legal counsel. Consider reaching out to legal aid organizations or low-cost legal clinics for guidance and support.

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