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Leave of court how to?

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S

seaninthweb

Guest
What is the name of your state?
California

Limited Civil Case

This is an attempt at being brief, to the point, and letting you know how attempts to find answers before asking were taken.

Filed an Answer to Complaint, properly, but without filing a "counterclaim/countersuit" while doing so. (ignorance)

Have discovered that it is still possible to file a "counterclaim/countersuit" against the plaintiff, by requesting "leave of court".

I do not know how to properly file "leave of court", what it entails, etc.

If possible, please include, in addition to whatever I've left out:
  • how to properly file for "leave of court" in order to countersue after already filing an answer.
  • For a reference model, any links to case history, where this has been used would be greatly appreciated.
  • The proper clerk/location? for filing the form(s) as well.



********I searched here, and on the net for this info, and have yet to discover it *******************
Searched:
http://courtinfo.ca.gov for all forms with the word "leave", nothing.

Used the advanced search at google and other engines to "return results from the site or domain"of:

courtinfo.ca.gov
and
nolo.com

http://www.google.com/advanced_search?hl=en

with the exact phrase:
"leave of court"

and did not find instructions on how to file "leave of court"
***************************************************
 
Last edited:


S

seaninthweb

Guest
What is the name of your state?
ca
still looking for some help here....thanks
 

stephenk

Senior Member
All "leave of court" means is that you have to file a motion with the court. your motion would be asking for permission from the court to file your cross-complaint since you failed to file your cross-complaint when you initially answered the plaintiff's complaint.
 

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