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Reload this Page Striking out new Summons due to old costs not settled

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  #1  
Old 10-31-2009, 07:43 AM
kpc kpc is offline
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Striking out new Summons due to old costs not settled

What is the name of your state (only U.S. law)? CA

Hi law experts,

A plaintiff sued me for some amount owing.
The plaintiff lawyer did not turn up for a hearing and the lawsuit was struck out with costs.

The plaintiffs then re-filed the same case in a new summons.

Can I apply to strike out the new statement of claims on the basis that the plaintiffs did not settle the costs of the old summons before filing a-fresh?
(the new summons is incompetent?)

Can such an application win?
  #2  
Old 10-31-2009, 08:08 AM
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Quote:
Originally Posted by kpc View Post
Can I apply to strike out the new statement of claims on the basis that the plaintiffs did not settle the costs of the old summons before filing a-fresh?
(the new summons is incompetent?)
You can file claiming anything you want.

Quote:
Can such an application win?
My opinion... no. Respond to the new summons and let the matter run its course. If you lose, then ask the court to offset any judgment with the amount owed from the previous.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 10-31-2009, 12:00 PM
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Quote:
Originally Posted by kpc View Post
What is the name of your state (only U.S. law)? CA

Hi law experts,

A plaintiff sued me for some amount owing.
The plaintiff lawyer did not turn up for a hearing and the lawsuit was struck out with costs.

The plaintiffs then re-filed the same case in a new summons.

Can I apply to strike out the new statement of claims on the basis that the plaintiffs did not settle the costs of the old summons before filing a-fresh?
(the new summons is incompetent?)

Can such an application win?
Was the old summons & complaint "struck out" (I'm hearing dismissed here?) WITH or WITHOUT prejudice? If with, then cannot just file again with the same claims for damages.

Just them not paying the costs from the old case before filing again doesn't seem to be a valid defense.
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  #4  
Old 10-31-2009, 12:07 PM
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Originally Posted by sandyclaus View Post
Was the old summons & complaint "struck out" (I'm hearing dismissed here?) WITH or WITHOUT prejudice? If with, then cannot just file again with the same claims for damages.
NOT CORRECT. Even if 'dismissed with prejudice' (if that is the case), the plaintiff can refile his claim. It would be up to the defendant to file a motion to dismiss claiming res judicata.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 10-31-2009, 08:04 PM
kpc kpc is offline
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Join Date: Jan 2008
Posts: 13
What is the difference between "struck out" and "dismissed"?

Actually before the claim was re-filed afresh, the plaintiffs did apply to reinstate the old summons but the application was rejected by the judge.
Does this mean "res judicata" applies?
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