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A few simple questions about filing an Answer

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beingsuedinla

Junior Member
What is the name of your state (only U.S. law)?
Texas but being sued in California

I'm being sued by someone in CA who I've never met.
I'm going to represent myself and have almost figured out how to file an answer to the complaint.

Do I submit original complaint with my answer?
Do I address the answer to the clerk of the court?
Do I make a cover sheet with my answer and if so what do I write on it?

Also,
thoughts on filing a demurrer before the answer?
If so where can I get a template(form)?

Also,
I'm filing a form to ask the court to waive court fees and costs.
Do I submit this before or with my answer?
If I submit it before, should I wait for an answer or file my answer to the complaint before the 30 days is up?

Thanks.
 


dcatz

Senior Member
Q. Do I submit original complaint with my answer?
A. No need for that. Simply file the Answer.

Q. Do I address the answer to the clerk of the court?
A. Address the mailing to the Clerk of the Court, but also serve a copy on the adverse party and attach a Proof of Service.

Q. Do I make a cover sheet with my answer and if so what do I write on it?
A. A Cover Sheet is required for the Complaint but not for the Answer.

Q. Thoughts on filing a demurrer before the answer? If so where can I get a template (form)?
A. There is no “template”. There is an accepted format for the filing set forth in the Rules of Court, but the contents are going to have to be customized to the issues that you wish to address. If there is no basis for a demurrer that will be dispositive, you might wish to reconsider that intention. The adverse party will very probably be given opportunity to amend, if you find a flaw that is not dispositive. (No offense intended but, if you “have almost figured out how to file an answer to the complaint” and also wish to demurrer, you may be better off with an attorney in the long run. It would give you assistance in drafting and you will need to appear to argue law and motion.)

Q. Do I submit this [request for fee waiver] before or with my answer?
A. With, along with supporting documents. If it’s denied, you’ll be told that your Answer will not be treated as filed until the fee is paid. That might enable you to prevent/vacate a default, but don’t wait until the last minute to try.
 

beingsuedinla

Junior Member
Thanks, great answers :)

I realize a demurrer is a long shot and I don't plan to be there in person to explain it or my points to the judge....but from what I've read about it, it forces the judge to actually read the complaint as I assume the judge reads nothing filed until the trial?
So..if the judge is forced to read the complaint he may just throw it out for other reasons?
It really is a frivolous lawsuit this guy has filed on me.

Hiring a lawyer is out of the question, I don't care if I lose the case, I just don't want to lose on default. I don't plan on going to the trial anway.

My backup plan if I lose the case is to fight it in Texas when he comes for my assets and possibly file a counter claim in Texas.

Thanks again for the great answers.
 

dcatz

Senior Member
It’s nice to know that some information might have helped, so don’t be offended if I rely on your screen name to tell you some things about which you’re wrong.

Judges don’t ignore files until the night before trial BUT the judge’s law clerk or research attorney is going to be the first to review your demurrer. A recommendation for a disposition will go to the judge. If the conclusion is, in effect, “no basis in law – not supported by the pleadings”, your demurrer will probably get a cursory review by the bench officer, but you’ll be perceived as wasting time and spinning wheels, and the final result will be unfavorable to you. Your demurrer will be denied. You’ll have spent time and effort to take three giant steps backwards.

If you’re in an L.A. court, you’ve been scheduled for a Case Management Conference within 180 days of filing. If you haven’t been informed of the date, enter your case number here and read:
Los Angeles Superior Court - Civil Case Summary

You’ll be expected to participate, and the judge will have reviewed your case to determine further proceedings. If you’re elsewhere in CA, check the court’s web site for similar information.

Most importantly, if you intend to permit a judgment and attack the case in TX, that may not work. “Domestication” is attacked on procedural grounds – you weren’t properly served, you didn’t get required notice(s) etc. It’s not attacked on substantive grounds – e.g. the case is frivolous. You don't re-litigate the merits. If the plaintiff did everything right procedurally to get a judgment on a baseless claim in CA, they’ll domesticate and enforce that judgment in TX. You need more direction and, if you can’t afford an attorney, talk to Legal Aid or call your local law school or Bar Association for a referral and a free or inexpensive consultation.

Reason for edit: Don't understand "don't want default but will accept judgment".
 
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SIN EATER

Member
dcatz's advice is excellent.

Beingsued, courts will give 'full faith and credit' to 'sister-state judgments'.

Texas must honor CA's judgment (if validly obtained, and as you are answering and defending, you can't argue jurisdiction) and cooperate in collection process (collection per TX law).

You won't get to litigate this case a second time in TX.
 

beingsuedinla

Junior Member
Thanks for the great advice again :)

Part of why I want to file a Demurrer is to waste time, create delays and make the plaintiff pay his lawyer more.
I plan to file a lot of motions to delay it as much as I can.

Maybe you can tell me in what order I should file these motions.
The only thing I've sent is a request to have court fees waived.
I got served Nov 19 so I am waiting until around Dec 5 or so to send in Answer.
What I would like to file is a change of venue to San Diego, preferably a Republican county as the Plaintiff has already requested and received a new judge, the same political and religion as he, Democrat and Jewish.
I am also reading on Dismissal of Complaint and Objection to Complaint and Motions to Strike.

The Plaintiff has 6 complaints against me, Libel,Invasion of Privacy(False Light),Invasion of Privacy(Intrusion), Stalking,Intentional Infliction of Emotional Distress and Negligence and is asking for about 8 million dollars total in damages.
It's all over postings on the internet, I've never met this guy or been in California.
He also has a high dollar, high profile lawyer who sued Michael Jackson and won, over the molestion charges in the 90's.
So, maybe you can see why I might not have a chance with this guy, even if I was found guilty on a portion of the charges it would be a substantial amount of money.
In Texas he can't come after my house or the first $30k in assets so I need time to make a corporation and hide the rest of my assets....after I do that, I don't care if I lose and it wouldn't be worth it to spend thousand of dollars on lawyers fees defending myself.

Thanks again for the advice.
 

tranquility

Senior Member
Part of why I want to file a Demurrer is to waste time, create delays and make the plaintiff pay his lawyer more.
I plan to file a lot of motions to delay it as much as I can.

Maybe you can tell me in what order I should file these motions.
You should not file motions with the sole reason of wasting the court's time and resources. Judges are not stupid and you are not experienced. Sometimes a skilled attorney can delay things, but once the judge decides you are playing games, things will go very fast and he will be very unhappy with you. He may find you in contempt, depending on how silly the motion(s), and will probably require you to ask before filing any motion which means you will have to give up all your reasons and spend all the time writing out the motion without any ability or need for the other side to respond unless he finds you not silly. Then, if you win on your offer of proof, you file the motion with the proof and the other side has had twice as long to think of a response.

Bad, stupid strategy. When it happens in real life, it's either a smart pro per with a lot of time on his hands (think retired or prisioner) or highly-paid attorneys who bring in the code of civil proceedure into the bathroom with them in the morning.

I got served Nov 19 so I am waiting until around Dec 5 or so to send in Answer.
Most people are procrastinators and I firmly believe that without deadlines, nothing would ever get done. But, intentionally waiting to the last minute is a risky game to play. When a deadline is missed with good excuse, the court can be pretty accomodating. When it is being played, a deadline is a DEADline. You have been warned.

He also has a high dollar, high profile lawyer who sued Michael Jackson and won, over the molestion charges in the 90's.
While his name is on the building, unless you have big bucks, he's not the one who will be doing the work. Lots of big names get beat. Unless you are wrong, don't give up yet.

In Texas he can't come after my house or the first $30k in assets so I need time to make a corporation and hide the rest of my assets....after I do that, I don't care if I lose and it wouldn't be worth it to spend thousand of dollars on lawyers fees defending myself.
Too late. Even with the litigators we use for trust/estate work, one of the first items in the client file is a report on the assets of the opponent. There are a lot of databases out there and a couple of bucks and then a few hundred more to a detective for anything interesting found and you have a good picture of the person's assets. And, these are not big buck litigators. I predict you will not gain any benefit from your plan of hiding things except more years of litigation where you will not have access to those "hidden" or out-or-reach assets.

I bet you would not be amazed at how often people don't want to pay judgments and who will fight to the death to prevent doing so. Yet, lawsuits keep getting filed. Go figure.
 

Ronin

Member
If the other side can succesfully argue that your frivolous motions are for the purposes of delay or harassment, which in this case will not be difficult, it won't go well for you in court.

Attempting to squirrel away assets by creating a corporation and other ploys this late in the game is not a well thought out plan that will almost certainly get you into trouble with the court.

Judgments can attach to future earnings and make life difficult for many years to come.
 
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beingsuedinla

Junior Member
Attempting to squirrel away assets by creating a corporation and other ploys this late in the game is not a well thought out plan that will almost certainly get you into trouble with the court.
My lawyer here in Texas advised me to do that, in fact he's writing up the papers next week. He's not licensed in CA so can't take my case.
I don't think it's too late in the game, I just got served last week. I had no idea it was coming.

Judgments can attach to future earnings and make life difficult for many years to come.
I'm self employed, my earnings are what I want them to be.
 

Ronin

Member
My lawyer here in Texas advised me to do that, in fact he's writing up the papers next week.
The courts can invalidate attempts to secrete or move assets, even if was done with the assistance of your attorney.

Unless your credit is already bad and/or it doesn't really matter, any outstanding judgments wil remain on your credit reports for a very long time.
 

dcatz

Senior Member
I agree with Tranq and Ronin. If your intentions had been clear at the outset, I’m sure that I would have skipped the thread. As it is, I’m reasonably confident that your (or your attorney’s) plan will backfire.

As I explained, your motions were likely to initially be reviewed by a law clerk/research attorney. Given the number of causes of action and the amount in contention, that’s sure to happen. Most attorneys know that the clerks are the “power behind the throne”. My guess is that, once the law clerk has to deal with the first couple of frivolous motions, you’ll have a harder time getting them heard, the consequences of failure will be more punitive and the case will move through the system faster, rather than slower as intended.

As to the other point, in my practice, I have an excellent idea of the assets that I’ll pursue post-judgment before I even file. Texas is a debtor-friendly state. You might have a better chance protecting assets without the new, shell corporation. Of course, we don’t know what you’re trying to hide but, assuming an adverse CA judgment and motivation to pursue recovery, I think Tranq is right again – years of expensive new litigation in TX as you try to dodge the bullet. I wouldn’t be optimistic about the endgame.
 

beingsuedinla

Junior Member
I flip houses for a living so at any given time I have at least 2-3 houses in my name, easily searchable on the county records online. I also have my own house and a lake house in my name. I want to start a corporation and put further flip houses in the corporations name and my lake house.
What would you suggest doing?

What would you suggest filing with my Answer next week?
Any other motions or do them seperately?
How about filing a counter claim...in CA or TX?

Thanks again all for the great advice it's just I'm not taking this lawsuit too seriously right now.
 

dcatz

Senior Member
OP – So far, you’ve had a dialogue with three FA members who are also “officers of the court”. SIN EATER is a new member, but I’ve read other threads and personally believe that you’ve dealt with four. I imagine that people post regularly on FA for all kinds of reasons, but I don’t believe that attorneys post in this or any other forum to help posters “beat the system”, no matter how righteous or frivolous the cause may seem to the OP.

There are forums on FA that more frequently deal with asset protection, and you may want to try your “corporation” questions in those. I do creditors’ rights work. I’m better prepared to explain how to walk through them once they’re established.

Before I bow out of this thread, I can only offer this advice: if I had your intentions and my TX attorney advised me to file an Answer in a CA case and later file a demurrer, I’d probably look for a second opinion (preferably from an attorney well-versed in CA civil procedure).
 

SIN EATER

Member
... OP, you are not someone who should be helped by any on this site.

You do sound as though you are 'stalking' someone - first, through the internet, now through the courts.

Bear in mind that the Judge can (and will) sanction you for frivilous filings.

Hopefully, your case will be fast-tracked, and the Judge won't allow any foolishness.

CA courts are very orderly, formal and professional; they won't put up with your antics.

On the other hand, I've seen defendants such as you who, by your filings, prove the case for the plaintiff.
 

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