Q: Indeed 5 Stars to your 2nd answer to follow: Here though A tenaciously well-crafted response to the amended complaint

Nonetheless; The Court "Super-Imposed" a (Free Mason) strategy to Freeze further direct filings from the Defense. On STRONG control our team infused the scheduling of a 2nd Demurrer (Complications further arising) as we are NOT sure if the demurrer rescheduling is indeed the scheduling of our intent to infused a 2nd Demurrer.

Here though: adds another layer highly complex legal timeline - Our infused 2nd Demurrer may have proved PREMATURE warranting the Court to FREEZE the Complaint Amended on what could be an even more complex option if or when we anticipate an Appeal (but for what).

If the Court bended towards the Pro Se in Poor person status we expected an earlier ruling (Complex) on a lesser but for certain appealable on strike to our 1st Demur..please see.remainder.of our explanation here: ....cont. We pride our legal services on properly anticipated outcomes in all Litigation.

The matter is Foster vs Gildred

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the complex legal situation you've described, it seems there are a few key issues at play:

1. The court has frozen further direct filings from the defense, complicating your ability to proceed as planned. This "Free Mason" strategy by the court is an unexpected development.

2. Your team scheduled a 2nd demurrer, but there is uncertainty around whether the court's rescheduling aligns with your intent for this 2nd demurrer. The timing and alignment are unclear.

3. If your 2nd demurrer was indeed premature, it could lead the court to freeze the amended complaint. This adds further complexity, especially in light of a potential future appeal.

4. The pro se/in forma pauperis status of a party (presumably the plaintiff) led you to expect an earlier ruling on a lesser but appealable matter related to your 1st demurrer.

Without seeing the full details of the case (Foster vs Gildred), it's difficult to provide a complete assessment. However, a few thoughts:

- Clarifying with the court the status and timing of your 2nd demurrer, and whether it aligns with the court's rescheduling, seems important. Uncertainty there makes strategizing difficult.

- The frozen filings and potential premature 2nd demurrer do risk complicating the case further, especially if an appeal becomes necessary. Carefully tracking the posture of amended complaints and demurrers will be crucial.

- The pro se status can often lead to some unpredictability in rulings and timing, so the delayed ruling on the 1st demurrer issue, while frustrating, may not be entirely surprising.

Overall, the key will be maintaining clarity on the procedural posture, ensuring your filings are timely and not premature, and staying flexible as the court's "Free Mason" approach alters the landscape. Close tracking of amended complaints, demurrer status, and appealable issues is essential. Happy to discuss further as you navigate this complex matter.

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.