CA Practice Question - Strategy

[tae007]

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.

Do you file the Amended Complaint now and forget everything else? Do you wait for the M2S hearing and if granted file after the stay runs? If denied file the same day? If granted and file Amend. Comp. after the stay is extinguished, would D try to rely on previously scheduled hearing date to oppose - even though no hearing was held?

In no way am I trying to play games, but I am wanting maximum effect.

Suggestions?

Thanks

 

[dee_dub]

Not sure what you mean by "maximum effect". It's also unclear what is at issue in the motion to stay, who brought it, or what the outcomes could be. So it is impossible to give you any advice, much less sound advice.

My two cents (and bear in mind I am not familiar with your state's rules of civil procedure and am analogizing from my local procedures): If you want the substance of this matter to get dealt with as quickly and efficaciously as possible, file the amended complaint now. It may have the effect of making the demurrer go away - you might simply ask the other party to withdraw their demurrer since presumably your amended pleadings now reveal a cause of action. Whether your amendment gets filed before or after the stay runs (assuming the motion to stay is successful) is probably of no legal consequence, but it will assist the parties to amend earlier rather than later.

Or I could be completely off base.

 

[tae007]

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. review has to be completed w/in 45 days, so this should be resolved by the time any Answer/Demurrer is due. So what are your thoghuts - wait till after the M2S hearing or go ahead and file A/C?

Thanks again!

 

[dee_dub]

I'm not qualified to speak further, so I won't. You don't want to do anything that might prejudice yourself, and I'm not exactly sure what's at stake in the various interlocutory proceedings here. I'd recommend you talk to a local civil litigation lawyer.