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

Asked over 1 year ago - Folsom, CA

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.

Attorney answers (8)

  1. Robert Max Klein

    Pro

    Contributor Level 15

    11

    Lawyers agree

    Answered . 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/in... There may be something similar in your area.

    Good luck.
    Good luck.

  2. Adrienne Patricia Allen

    Contributor Level 15

    11

    Lawyers agree

    Answered . 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... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

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

  4. Michael Shemtoub

    Contributor Level 17

    10

    Lawyers agree

    Answered . 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... more
  5. Robert Bruce Kopelson

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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.

  6. Joshua Thomas Edlow

    Contributor Level 8

    7

    Lawyers agree

    Answered . 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.

  7. Albert Lee Crosner

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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... more
  8. Robert Andrew Michael Burns

    Contributor Level 17

    4

    Lawyers agree

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

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