Importance of Signed Plaintiff Declaration

[catfind]

When filing a motion or any court case, how important is the Declaration by the Plaintiff, who is bringing the action? Is a case legally filed without it? If a Plaintiff's Attorney signed a Declaration and the facts are untrue, can he hide behind the 'my Client told me' defense?

If a case is not legally filed without the Plaintiff's Declaration, should it be dismissed?:dunno: I'm referring to Superior Court...Motion to Enforce Settlement that was filed against me. I would like to make a motion to dismiss the case with predjudice based on that.

Thank you.
p.s. I love coming here cause you guys have the best smilies and isn't that what it basically boils down to in life?arty:

 

[seniorjudge]

Tell us what you are talking about.

 

[catfind]

Gladly.

A neighbor of mine filed a Motion to Enforce Settlement against me. His Attorney prepared the Motion and signed it, penalty of perjury, etc. My Attorney prepared my Response and signed it and I had to fill out a Declaration as I always had.

My neighbor did not come to the hearing and the information in the Motion is a lie (for the lack of a better word). Without my neighbor signing the Declaration himself, under the penalty of perjury, his Attorney can claim that he was given this information by my neighbor and depended on him for accuracy.

With my neighbor's signature, is this Motion defective and can I ask for a dismissal with prejudice based on the missing Declaration?

Thank you so much.

 

[catfind]

p.s. I'd also like to be awarded sanctions in the amount of my Attorney fees for the first part of the case, before my Attorney quit.

 

[seniorjudge]

Q: With my neighbor's signature, is this Motion defective and can I ask for a dismissal with prejudice based on the missing Declaration?

A: Ask for the farm; settle for a goat.

 

[catfind]

I meant 'without' my neighbor's (the Plaintiff) signature. If you are bringing an action against someone, I would think that you would have to sign. I forgot to mention I'm in California.

Thank you seniorjudge

 

[catfind]

I don't think that I have a definitive answer. Is the Motion defective because the Plaintiff has NOT signed a Declaration under the penalty of perjury? Can I ask for a dismissal based on this if it is defective?

 

[seniorjudge]

Ask for whatever you want.

I suspect the judge will give the person time to fix these technical problems.

Courts don't like litigation to go on forever; courts want an end to litigation. Thus, if the judge lets the person fix his pleadings, it will speed things along to a conclusion.