Q: Do you file a independent action in equity the same as a regular claim?
I know it should be the last resort and is frowned upon but it’s in place for a reason!
A:
In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.
To file an independent action in equity, you typically need to:
1. File a new complaint in the appropriate court, stating the grounds for relief and the specific equitable remedy you seek.
2. Serve the complaint on the opposing party or parties.
3. Proceed with the case as a separate action from the original case.
Keep in mind that independent actions in equity are subject to strict requirements and limitations:
1. They are only available in rare circumstances where there is no adequate remedy at law.
2. They must be based on extrinsic fraud, mistake, or other grounds that prevented a party from presenting their case in the original action.
3. They are subject to equitable defenses, such as laches (unreasonable delay) and unclean hands (misconduct by the party seeking relief).
It is highly recommended to consult with an experienced attorney before pursuing an independent action in equity, as these actions are complex and have specific legal requirements that must be met.
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