surfsupinhawaii
New Member
I have this posted in another categorie, but was not sure which area was correct.I am in the appellate stage of the case I am involved in. The case involves the Plaintiff that is now suing me in civil limited. I originally sued him in small claims and won. He is now trying to sue me in civil limited, but my lawyer filed a Demurer based on Res-Judicata. the Plaintiff tryed to sue me for almost the exact thing he counter sued me for in the small claims case.My lawyer sent me a letter a few months ago saying he was done with case since I had a ruling sustaining the Demurer Without Leave to Amend. I was awarded sanctions also. I have a few questions I hope can be answered here. 1) My lawyer filed the wrong CCP. 128.5 it should have been 128.6. They are almost identical, except that the case must have been filed on or before Dec of 1994 using 128.5. It was allowed to go through.How do I change this. In the appellants brief they bring up this point. I am sure it was a clerical error. I talked to the lawyer I once had who did'nt say much.He is looking at the brief but has not gotten back to me.The Judge let this pass through and it is on the judgment.Can I file a motion to have the mistake amended. The judge hearing the Demurer let it go through and the Plaintiff at that time was in Pro-per, he allowed it to go through.
2) In the clerks transcipt there is an exhibit which is not legible. It is a construction bid for the plaintiff. He is using this as a bases for his claim as bringing in new evidence. I believe that this person is not a contractor since there is not a license number. I also checked with the cslb website and nothing comes close to what I can make this name out to be. I believe this is a fraudulent document. I called the clerks office and they only have a photo copy, also not legible. I called the Plaintiff's attorney who wont give me the name, saying it is left for discovery.What type of motion do I file to have a clear record of this persons name given to me before I must submit my respondant's brief. Sorry for the long story. I am a General Contractor, trying to do the work of a Lawyer. Finding it a bit frustrating, but would rather try to do this myself. I hope I was clear, but If I was not, I will fill in any gaps. Thanks in advance.
2) In the clerks transcipt there is an exhibit which is not legible. It is a construction bid for the plaintiff. He is using this as a bases for his claim as bringing in new evidence. I believe that this person is not a contractor since there is not a license number. I also checked with the cslb website and nothing comes close to what I can make this name out to be. I believe this is a fraudulent document. I called the clerks office and they only have a photo copy, also not legible. I called the Plaintiff's attorney who wont give me the name, saying it is left for discovery.What type of motion do I file to have a clear record of this persons name given to me before I must submit my respondant's brief. Sorry for the long story. I am a General Contractor, trying to do the work of a Lawyer. Finding it a bit frustrating, but would rather try to do this myself. I hope I was clear, but If I was not, I will fill in any gaps. Thanks in advance.
