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I am a plaintiff in a personal injury case. The defendant filed a demurrer to the original complaint

Folsom, CA |
Filed under: Personal injury

The court issued a mixed ruling sustaining some arguments and overruling other arguments in the demurrer and the court issued a leave to amend. An amended complaint was filed and was followed by another demurrer. Again, the court issued a mixed ruling sustaining parts and overruling other parts of the demurrer and then issued a leave to amend. The coming amended complaint is the fourth one. Can the plaintiff attach digital exhibits to this fourth amended complaint? This digital exhibit will fortify the case. I understand there is nothing in California Civil Code that prohibits attaching digital exhibits such as a CD to the hard copy papers of the amended complaint. The digital attachment can include a power point with videos and photos that supports the case.

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Attorney answers 8

Posted

These are really questions for your attorney. If you do not have an attorney you should contact one right away and not proceed any further until one is representing you.

View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Posted

This is an interesting question. I do not know that answer off the top of my head. Assuming that you do not have a lawyer and are attempting to do this yourself, I would suggest that you look at the Rules of Court and the local rules for the jurisdiction where you matter is pending. For example, in Los Angeles, the local rules can be found here: http://www.lasuperiorcourt.org/courtrules/ui/index.aspx?ct=CI There may be something similar in your area.

Good luck.
Good luck.

Posted

Your attorney would be in the best position to answer all your questions.

Posted

Since this is your 4th try you really should get an attorney or at least consult with one on your complaint filing. One of these times the court will grant the demurrer WITHOUT leave to amend and you will be out of luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Posted

I would not attach an exhibit unless it was something that is readable on its face, as opposed to a digital exhibit. The rules of pleading require allegations of certain facts to support the legal claims made. Power points may ot may not do that. Why not take the facts from the power points and allege them properly in the complaint? This will likely be your last amendment allowed by the court. You really should hire an atty to at least assist you in drafting the complaint.

Posted

I know this does not specifically answer your question, but if you are filing complaints without an attorney, I highly recommend that you find one in your area. Most, if not all plaintiff's attorneys in the area take cases on a contingency fee basis, so there should not be an issue with affording payment, and a good personal injury attorney more than pays for himself in the value he brings to the case.

Posted

I concur with my colleagues and caution you that you should listen to Attorney Allen's concern about the demurrer. If you have an attorney that has been having such problems with the Complaint, you need to find another to take the case over if you can. If you do not have an attorney, I would suggest doing so immediately.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

You can't find a lawyer to represent you or you'd rather suffer through this on your own?

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