I received a summons/complaint for credit cardawsuit. The plaintiff is seeking damages for $1290.
I filed my answer. Plaintiff sent cm-110, admissions paper, interrogatories and discovery. In the discovery plaintiff said balance was $7,290. This is $6000 more than what is on the complaint. Is the amount on the complaint the only amount I would be liable for if a judgement was issued. No other amounts were listed on the complaint. Could this possibly be a typo as well? I was told that I should bring this to the judges attention at my case management conference. I read that if the plaintiff wanted to amend the complaint if it was a typo they would have to do it within 21 days after filing. It is well past 21 days. Could any of this be grounds for dismissal?
Perhaps it is a typo, since the last three digits are the same, only the seven and the one are different in the spot for thousands of dollars. The next question is which has the typo? The complaint or their discovery response? For that, you may need to ask them to attend a deposition where you ask the witness most knowledgeable questions under oath or you obtain documents from them which show what is the correct amount. Maybe you have documents that show the correct amount. Be cautious if they serve you with a request for documents or interrogatories, as many times this is where the answers can cause a defendant to lose the case or be sanctioned by the court if the answers are evasive or incomplete.
With this record of mistakes, you may be able to prevail at trial or perhaps they are not interested in taking the case to trial, only getting you to pay something in settlement. As my colleague stated, they can amend the complaint, if they want. The California Code of Civil Procedure does not have a 21 day time limit for seeking leave to amend the complaint. There are cases that state a complaint can be amended at the trial.
The case management conference is to set the date for the trial and an arbitration or mediation, it is not time for a conversation about what you perceive to be a possible defense to the case. If you wish to bring that up, the proper time is when making a motion of some sort, such as motion for summary judgment or motion for judgment on the pleadings.
NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
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