Ask Experts Questions for FREE Help !
Ask
    sugardatcookie's Avatar
    sugardatcookie Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 29, 2008, 02:10 AM
    Opposing an Order of Dismissal
    I was given until 8/15 to file restated complaint for my counterclaim. I did file the complaint on 8/15. On 8/22, the court had a conference and dismissed my case ( I did not appear). The reason the court stated was "failure of plaintiff to file an amended/restated complaint". Since I obviously did file, and the filing does appear on the court records of the case summary as being filed on 8/15, I do not understand how this can be done.

    I don't know how to proceed: Motion to Vacate Void Judgement? Notice of Appeal and Notice of Filing of Appeal? Application for Stay Order? Supersedeas Petition? Petition for Temporary Stay ? Something Ex parte?

    How do I get a date for a hearing? I'm at a loss... By the way, this is a counter-claim I filed against the other party for wrongful eviction/ wrongful unlawful detainer action, so now that my counterclaim has been dismissed, the other party will go back to the lower court unlawful detainer case and move for default judgement.

    I must admit that my proof of service on my restated complaint may not have been conformed to the local rules... that is the only thing I can think of, but it was corrected and I filed the correction on 8/19.

    Any direction would be appreciated.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Aug 29, 2008, 04:31 AM
    Hello s:

    Assuming you haven't waited too long, try a motion for reconsideration

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Aug 29, 2008, 04:42 AM
    Can be an issue of wording? Was it by or till. In some courts the motions have to be filed prior to the date given, not on the date given.
    So check dates for one thing.

    So at the hearing did you have a copy of the motion you filed, with the date stamp of the court clerk as evidence you filed it. Good practice in filing motions, have the clerk stamp ( in front of you) the original being filed and at least one copy for your records.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Felony Dismissal [ 2 Answers ]

Hi. I'm getting ready to graduate from college in Civil Engineering and I'm looking to apply for my EIT (Engineer in Training) Certificate. One question that the application asks is "have you ever beeen convicted of a crime that is substancally related to the field of engineering". That's a...

Opposing judgements [ 1 Answers ]

I was involved in a civil case where I the plaintiff received a judgement for $3900 and the defendant received a judgement for $8500. Since the defendant's judgement was for more, do I still have to pay? Where do I pay the judgement to? If I don't pay, will it go on my credit?


View more questions Search