Any ideas on this:
Case in California - 2 defendants - 1 public, 1 private - Constitututional claims asserted vs. the public D, in an amended complaint, then the private D files for removal per 1441 (joinder by public D).
Is the private D just trying to get the tort claims adjudicated at...
True - maybe this will help. I brought the M2S b/c the issue at bar is currently under administrative reivew. The Demurrer was filed by the city in response to the allegations in my Complaint.
So if I file the Amended Complaint I'm pretty sure the Demurrer hearing goes away and the admin...
First of all thanks a million to Dee_Dub for the Barton case - exactly what I needed!
Now for the strategy part - I have an amended Complaint ready to file. There in a Motion to Stay hearing scheduled for Friday @ 8:30. There is also a Hearing on D's Demurrer scheduled for next Wed. @ 8:30...
I am an AZ resident maintaining a civil action in CA. My Complaint has been filed and in response, the City demurrerd, but the private party answered. Cal.Civ.Pro. section 472 says P can amend once as of right b/f answer or demurrer is filed OR after demurrer but prior to trial.
So, since...