CAN I ALLEDGE IMPLIED-IN-FACT CONTRACT IN A PROMISSORY ESTOPPEL CASE?

[Kwinkles]

Jurisdiction

California

i AM CURRENTLY DRAFTING MY OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT. mY CAUSE OF ACTION IS PROMISSORY ESTOPPEL...SO CAN I ALLEGDE A IMPLIED-IN-FACT CONTRACT? MY CONCERN IS THAT FOR MY CASE TO NOT BE BARRED BY THE STATUTE OF FRAUDS I AM PLEADING PROMISSORY ESTOPPEL IN WHICH I MUST PROVE A PROMISE WAS MADE TO ME " A CLEAR PROMISE" SO DOESN'T THAT MEAN I CAN NOT ALLEDGE IMPLIED-IN -FACT CONTRACT SINCE THE VERY ELEMENT OF IMPLIED-IN-FACT IS THAT THERE WAS NO CLEAR CUT CONTRACT OF EVEN AGREEMENT BUT RATHER THE ACTIONS OF BOTH PARTIES SHOW THAT THE "INTENTION" WAS THERE? SO DOESN'T ONE CANCEL OUT THE OTHER? OR AM I OK WITH BOTH IMPLIED-IN-FACT CONTRACT AND PROMISSORY ESTOPPEL?WHICH IS OF COURSE WHAT I AM HOPING TO HEAR? ANY THOUGHTS GREATLY APPERICATED

 

[army judge]

You've used reason to answer your own question. Good for you, scholar.

That said, you're free to bring any motion you wish. You're free to plead your case anyway you wish. Ultimately the presiding judge will rule, not some clown like me on the Internet.

 

[adjusterjack]

ANY THOUGHTS

Yes.

Thought 1 - Turn off the caps lock. It's hard to read, the equivalent of shouting and incredibly annoying.

Thought 2 - You know enough legal terms to make you dangerous to yourself and it's clear that you don't know what you are doing. Especially in light of your posts in 2014:

I own a modular home on dad's property he is trying to evict me | Unlawful Eviction | TheLaw.com

proprietary esstoppel a cause of action? | | TheLaw.com

Thought 3 - There's really no way of answering your question without the details of whatever case you are trying to pursue. And you've provided none.

 

[Kwinkles]

Sorry about the caps lock I agree it is annoying..Please understand I am not in pro per because I think I am clever enough to act as my own attorney but because I have absolutely No other alternative..In 2003 my father who lives on and owns 40 acres suggested I sell my home in the bay area and build a house on his property in Lodi Ca. As my mother and basically only family had recently died and I had never had but always desired a relationship with my father I did sell and build even though I knew the move was not wise financially as I would be trading down, I also did this without any thing in writing between my father and I, long story short I invested 200,000.00 and paid property taxes and yet he was still able to have me evicted 11 years later when he decided he wanted to sell and move. I ended up with my two kids and husband literally living in our car as we did not believe he would be successful after all it was my house I paid for. We were wrong,I am now in a civil suit against him to try and recover something of my life savings...as I have nothing to show for my 200,000.00. I can not afford to hire legal counsel but I'll be damned if I will just sit by and loose everything, so I am doing the best I can with what I have , Currently his lawyer has filed a motion for summary judgement and I am working on my opposition.
I have learned an incredible amount in doing this..I have learned just enough about the law to truly understand that I know nothing about the law...I simply understand the scope of my of ignorance better and the reason I post here is in the hope If I am doing something beyond stupid or something that will really screw things up some kind sole will take the time to bring it to my intention so I can avoid at least some mistakes...I'd rather look ignorant or even plain retarded here than to blindly fuck up my case in real court. so again thank you to any that take the time to read and /or comment on my posts

 

[adjusterjack]

Unfortunately, there's not much help anybody can give you without reading the following:

1 - The original eviction lawsuit.
2 - Your response to it. Defense? Countersuit?
3 - Any other pleading and filings in that lawsuit.
4 - The judge's written decision. He may have given it orally in court but there should be a written entry in the case file to explain his decision.
5 - What you did after that, i.e. filed an an appeal, new lawsuit?
6 - Your filings and pleadings.
7 - His motion for summary judgment.
8 - Any subsequent pleadings, filings, discovery.
9 - Your response to his motion.

Even with all that I don't know how much help anybody can give on this kind of forum.

At the very least, could you post a copy of his motion for summary judgment on something like photobucket and provide a link, redacting any names and locations. The motion should provide enough background to start ideas flowing or raise additional questions.

Keep in mind that I am not a lawyer. I don't give legal advice. I just endeavor to make helpful comments and if you act on those comments without the advice of an attorney you do so at your own risk.

 

[Kwinkles]

Unfortunately, there's not much help anybody can give you without reading the following:

1 - The original eviction lawsuit.
2 - Your response to it. Defense? Countersuit?
3 - Any other pleading and filings in that lawsuit.
4 - The judge's written decision. He may have given it orally in court but there should be a written entry in the case file to explain his decision.
5 - What you did after that, i.e. filed an an appeal, new lawsuit?
6 - Your filings and pleadings.
7 - His motion for summary judgment.
8 - Any subsequent pleadings, filings, discovery.
9 - Your response to his motion.

Even with all that I don't know how much help anybody can give on this kind of forum.

At the very least, could you post a copy of his motion for summary judgment on something like photobucket and provide a link, redacting any names and locations. The motion should provide enough background to start ideas flowing or raise additional questions.

Keep in mind that I am not a lawyer. I don't give legal advice. I just endeavor to make helpful comments and if you act on those comments without the advice of an attorney you do so at your own risk.

Unfortunately, there's not much help anybody can give you without reading the following:

1 - The original eviction lawsuit.
2 - Your response to it. Defense? Countersuit?
3 - Any other pleading and filings in that lawsuit.
4 - The judge's written decision. He may have given it orally in court but there should be a written entry in the case file to explain his decision.
5 - What you did after that, i.e. filed an an appeal, new lawsuit?
6 - Your filings and pleadings.
7 - His motion for summary judgment.
8 - Any subsequent pleadings, filings, discovery.
9 - Your response to his motion.

Even with all that I don't know how much help anybody can give on this kind of forum.

At the very least, could you post a copy of his motion for summary judgment on something like photobucket and provide a link, redacting any names and locations. The motion should provide enough background to start ideas flowing or raise additional questions.

Keep in mind that I am not a lawyer. I don't give legal advice. I just endeavor to make helpful comments and if you act on those comments without the advice of an attorney you do so at your own risk.

I ended loosing my case because it boiled down to whether or not my house was worth anything and although I had my contractor who is an expert in the modular hone field who actually dose expert witness work he was not considered an expert in property values ...The judge actually said when I asked why the counties valuation for property tax purposes would only be admissible if I had an expert to "validate and explain" the property tax bill...Are you flipping kidding me? Seriously? I wasn't prepared with an expert to validate and explain the property tax bill and although I had an expert in modular homes who held a current realestate license He didn't sell enough homes on a regular basis to testify on the homes value...since I thought the idea that a 2000 sq ft 3 be 2 bath home even though it needs cleaning and repair estimated at 10,000.00 . During trial theybkept saying they has no interest in the house that they would jut have to pay to have it hauled off. Since trial they have had a restraining order against me which had nothing to do with feeling threatened by me and everything to do with keeping me away from my house. Is there anything else I can do? I believe that during Appeal you can't give new information is that right? Because it seems that all I need to do is show that it has value.Is there anyway to get that testimony heard?

 

[adjusterjack]

It's regrettable that you didn't come back last November to answer my questions. Had you revealed then that you intended to use tax assessment records I would have been able to warn you that they have nothing to do with actual market value and had you revealed the nature of your "expert" I would have been able to advise you on how expert witnesses get qualified to testify in court. Hindsight is 20/20 so it's anybody's guess as to how much or how little help I could have been but I certainly would have tried.

Since trial they have had a restraining order against me which had nothing to do with feeling threatened by me and everything to do with keeping me away from my house.

Unfortunately, if your father won a judgment against you he has a right to keep you off his property.

I believe that during Appeal you can't give new information is that right?

Yes, if this was just an eviction case.

See:

How to Appeal an Unlawful Detainer Judgment Against You in California - aliasfightwear.com

How to Appeal an Eviction in California | eHow

How Long Does an Appealed Eviction Case in California Take to Resolve?

 

[Kwinkles]

I tried and tried to up load the files you mentioned and typed out two lengthy replies as I was so greatful for any input but both disappeared when I tried to post and I got discouraged ...I did try again a few days later with the same result so I gave up don't know if it was the site or.my computer ..please don't think your replies werent appreciated..as they very much were

 

[adjusterjack]

The three links were to websites. They should have opened for you by clicking on them. Try again. If they still don't work you can google California Eviction Appeal and several sites will come up.

As for your reply, try typing it up separately and then pasting it all into the message area.