JETX said:
1) Since you knew that this was a duplicate (and even had the link to the previous post), why didn't you simply put your drivel on that post rather than continue to follow the posters screwup??
The other thread does not include all the facts such as the date of the dog bite and I thought it would have been easier for a reader follow the facts here than to go back and forth between the 2 threads. You say you have a problem with continuing the thread yet you posted to me stating nothing about it, meanwhile continuing the thread yourself.
It was not my intent to continue what you call the "posters screwup" (I wouldn't have characterized it as such so disrepectfully), but if You had such a problem with continuance of the thread, why can't you ask the administrator/moderator to combine the 2 threads.
It was not "drivel"; I didn't raise the issue of statute of limitations without reading all the posts; I considered all the facts posted here and the other thread, including the date of injury.
JETX said:
Your post, however, goes far into the legal 'world' where the poster didn't ask and very probably can't follow anyway. How the hell do you expect this poster to be able to make a valid presentation at the hearing to determine the validity of the demurrer?? Simply, he can't. So, your post would have been more accurate to explain a demurrer and to discuss it with an attorney. In essence, your post was of little, if any, real benefit to the OP.
The information I gave was intended to be comprehensive. Sorry it was information you couldn't follow; it's clear to me you're not familiar with certain civil procedure concepts. I had considered all the facts that the OP posted, including the date of injury, and California civil procedure. I didn't want her to risk a judgment if there was something she could possibly do about it.
I did suggest to the OP that one option is to ask an attorney to prepare a Demurrer and to appear at the hearing (and that if this is in small claims court, an attorney in CA can't appear on the OP's behalf). It seems many people come here wanting to handle their cases themselves, but I do think it IS better to seek an attorney....and I did suggest it. You can't say there's no benefit if she can raise a defense.
JETX said:
Further, in my opinion, the demurrer would not work as there is no clear indication that the complaint is unclear or omits an essential element of fact. Clearly, the time to have raised the SOL defense was AT the trial... not after the fact.
Assuming there was a Trial.
And all the complaints I've seen indicate at least the date of the alleged incident. You wouldn't want to risk not filing a Demurrer, if it's not too late, and waiving the statute of limitations defense.