Unsworn Complaint

[Gone South]

Thank you all for responses; my hats off to you all being in this profession it makes my head spin...

I know I am better off with a lawyer but if you cannot afford one for this kind of case what can you do?? Believe me I would rather go hiking I know I am in the deep end here it is stressful and not fun at all.

I understand I have a few options to put the brakes on this; what order to do them in is another thing.

1: General denial option force them to back up the bogus claims which I know they will not be able to do.
2: Motion for summary judgement
3: Warn / Motion for Sanctions under rule 11

I understand a lot of lawyers believe you should run straight in and start responding to complaints that is fine with an open check book and a large bank account.
As for the motion to quash it was so blatantly sewer service and I was miles away at the time (have solid proof) I needed to file it otherwise they will walk all over me with more fake servings and claims.

 

[FlyingRon]

You're not going to get useful advice when you haven't provided one shred of evidence of your case other than a bunch of (most likely) irrelevant technicalities you would like to pursue.

You can deny claims but just saying they are bogus isn't going to make them go away nor do they have to "back them up" prior to trial.

You can't get a summary judgment unless you can show that there's not going to be a chance the other party has a case.

You should forget about sanctions, you've not shown the least amount of impropriety on the other party yet.

Lawyers say you address the points in complaints because that is the way it is done. You just don't start throwing random legal concepts at the court hoping they'll stick.

If you want to explain what is really going on, perhaps we can help, but given your propensity to not understanding things, I suggest your only real hope is to employ an attorney.

 

[Gone South]

You're not going to get useful advice when you haven't provided one shred of evidence of your case other than a bunch of (most likely) irrelevant technicalities you would like to pursue.

You can deny claims but just saying they are bogus isn't going to make them go away nor do they have to "back them up" prior to trial.

You can't get a summary judgment unless you can show that there's not going to be a chance the other party has a case.

You should forget about sanctions, you've not shown the least amount of impropriety on the other party yet.

Lawyers say you address the points in complaints because that is the way it is done. You just don't start throwing random legal concepts at the court hoping they'll stick.

If you want to explain what is really going on, perhaps we can help, but given your propensity to not understanding things, I suggest your only real hope is to employ an attorney.

I have actually already started showing evidence in my responses to the plaintiffs objections to my motion to quash; just because I am not a lawyer does not mean I do not have an ounce of brain cells; I get it anyone can harp its bogus frivolous etc. I also get it get a lawyer; not everyone is in a position to fork out never ending cash to a lawyer; yes I could sell my business to raise the cash to fight for my business...sort of defeats the object right?

How ever I have never ending solid evidence to back up what I state along where as the plaintiff is bluffing his whole action is based on me simply folding under legal fee financial pressure.

I do not believe for one second the plaintiff has one amoeba eyelash of evidence to back up his complaint this is why I asked which one in which order I should file first to try and put an end to this in the fastest most efficient way possible A Summary Judgement, General denial or Sanction warning under rule 11.

I appreciate you taking the time to respond Flingron even if it is to look down on me as I am not a lawyer nor have I had the opportunity to study law; I am sure if someone handed a scalpel to you and said operate on yourself you are too broke to pay for a surgeon and you have 7 days to perform fix your issue; you would ask questions and hope to not get eye rolling in response to what surgeons would perceive as annoying questions.

Believe me I do not want to represent myself I am stuck between a rock and a hard place hence asking questions which are obviously annoying and obvious for a lawyer educated in the field but not so obvious for others.

 

[Paul84]

I have actually already started showing evidence in my responses to the plaintiffs objections to my motion to quash; just because I am not a lawyer does not mean I do not have an ounce of brain cells; I get it anyone can harp its bogus frivolous etc. I also get it get a lawyer; not everyone is in a position to fork out never ending cash to a lawyer; yes I could sell my business to raise the cash to fight for my business...sort of defeats the object right?

How ever I have never ending solid evidence to back up what I state along where as the plaintiff is bluffing his whole action is based on me simply folding under legal fee financial pressure.

I do not believe for one second the plaintiff has one amoeba eyelash of evidence to back up his complaint this is why I asked which one in which order I should file first to try and put an end to this in the fastest most efficient way possible A Summary Judgement, General denial or Sanction warning under rule 11.

I appreciate you taking the time to respond Flingron even if it is to look down on me as I am not a lawyer nor have I had the opportunity to study law; I am sure if someone handed a scalpel to you and said operate on yourself you are too broke to pay for a surgeon and you have 7 days to perform fix your issue; you would ask questions and hope to not get eye rolling in response to what surgeons would perceive as annoying questions.

Believe me I do not want to represent myself I am stuck between a rock and a hard place hence asking questions which are obviously annoying and obvious for a lawyer educated in the field but not so obvious for others.

Gone South,

As a fellow pro-se litigant, I can relate to your predicament. I suggest filing a motion for summary judgment, which would also require your putting up your evidence to get the case dismissed. To avoid dismissal, the plaintiff would also have to present its evidence in opposing the motion. However, don't count on a speedy resolution. In my own situation, the judge has taken three years, just to consider two motions to dismiss (FRCP 12b and FRCP 56) that the defendants made in 2013 and 2015, respectively.

 

[FlyingRon]

Again, we can't help you without knowing any detalls. Jumping up and down here and crying "I have evidence" and then trying to throw some random legal term you heard about at us as a strategy without a single shred of information as to what the issues are weill never yield you useful information.

Paul, without knowing just what is going on, suggesting a summary judgement would be fool hardy (and indeed likely get the poster sanctioned rather than the other party). The response by the court to a request for summary judgement is an analysis that there is no possiblity that the opposing case could be resolved for the opposing party. All they have to show is a shred of hope that it could be resolved in their failure and the summary judgement would be dismissed. You have to frame your summary judgement request differently than you'd frame your normal case. The standards are harder.

 

[Gone South]

Again, we can't help you without knowing any detalls. Jumping up and down here and crying "I have evidence" and then trying to throw some random legal term you heard about at us as a strategy without a single shred of information as to what the issues are weill never yield you useful information.

Paul, without knowing just what is going on, suggesting a summary judgement would be fool hardy (and indeed likely get the poster sanctioned rather than the other party). The response by the court to a request for summary judgement is an analysis that there is no possiblity that the opposing case could be resolved for the opposing party. All they have to show is a shred of hope that it could be resolved in their failure and the summary judgement would be dismissed. You have to frame your summary judgement request differently than you'd frame your normal case. The standards are harder.

Thanks Paul for response...

Thanks FlyinRon for response;
LOL I can tell you are an attorney of some sort due to the digs "crying" "jumping up and down" sort of designed to invoke someone to self implode, the opposing council in court was fuffing with his mouth the other day in court trying to put me off my stride it was hillarious.... Just so you know I am not from the US so crying is not too much in my genes nor is jumping up and down having tantrums... Funny though I know a bit of topic when I first came to America from Europe I saw a man crying had never seen that before it was weird I was told American men can get very emotional and crying is perfectly acceptable...

I pretty much explained it before what was going on plaintiff a multi million dollar company needs my land I will not part with it they stated they would sue me so they filed a lawsuit stating I injure workers on a weekly basis stopping him from using his property that is all fenced off and gated.... And here is the rub the city stated they are not supposed to be there operating illegally. His attorneys do not care complaint is fake even told me so stated they will flood my attorneys with litigation until I financially have to give up...

Yes I know everyone harps they are innocent but they does not help me to make that up on this board

 

[CTU]

Thanks Paul for response...

Thanks FlyinRon for response;
LOL I can tell you are an attorney of some sort due to the digs "crying" "jumping up and down" sort of designed to invoke someone to self implode, the opposing council in court was fuffing with his mouth the other day in court trying to put me off my stride it was hillarious.... Just so you know I am not from the US so crying is not too much in my genes nor is jumping up and down having tantrums... Funny though I know a bit of topic when I first came to America from Europe I saw a man crying had never seen that before it was weird I was told American men can get very emotional and crying is perfectly acceptable...

I pretty much explained it before what was going on plaintiff a multi million dollar company needs my land I will not part with it they stated they would sue me so they filed a lawsuit stating I injure workers on a weekly basis stopping him from using his property that is all fenced off and gated.... And here is the rub the city stated they are not supposed to be there operating illegally. His attorneys do not care complaint is fake even told me so stated they will flood my attorneys with litigation until I financially have to give up...

Yes I know everyone harps they are innocent but they does not help me to make that up on this board

All this time I never realized ability to cry was genetic.

 

[Gone South]

All this time I never realized ability to cry was genetic.

We live and learn

 

[Gone South]

Plaintiff has not responded to General Denial

California Los Angeles

Plaintiff lawsuit was responded to with a General Denial; plaintiff has not responded is there a straight forward doc that can be filed for Motion of Dismissal?

 

[latigo]

California Los Angeles

Plaintiff lawsuit was responded to with a General Denial; plaintiff has not responded is there a straight forward doc that can be filed for Motion of Dismissal?

Read and study Cal CCP 583.410 et seq. and Rule 3.1342 Cal Rules of Court.