The opposing party claims that my youtube vids are me trying to extort them for money. This is false because I had NEVER mentioned them by name, also, I'm an actor and these vids were my improv with me trying to build up my improv skills. An affiliate of theirs posted a blog about me trying to extort money from them with these vids. The blog was posted before I had me their attorney and I had asked him if they were affiliated with this person and they LIED to him telling him that they weren't. Their affiliate posted an email from them on that blog. Their affiliate also used this blog as "evidence" to get me fired from a directing gig recently. Could I request to file a counter suit at the upcoming CMC? Also, what's your opinion about this?
You needed to file your cross complaint when you filed your answer. Now you need permission of the court. Civil extortion is a "wacky" approach, but a review of the complaint would be necessary for any better analysis. Otherwise, it really were extortion (pay me money or I will go to the police/publicly shame you, etc. is normally a criminal matter.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
With all due respect, you really need to retain an attorney to advise you. You already blew (possibly) your right to a cross-complaint, and you may also have blown your chance to respond to this lawsuit with something called an anti-SLAPP motion. It is not 100% clear that such a motion would be appropriate, but if it was you could not only stop the lawsuit in its tracks for several years but also, possibly. make the other side pay your attorney fees. The problem now it that is may be too late to file the motion.
I know that retaining counsel can be expensive, but its may be less expensive than losing this lawsuit. For your own sake, get some advice.
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No one can comment professionally on your claim, because the advice they gave you would not be confidential. You really need to see an attorney about this.
No, the CMC is not the time to request filing a counterclaim. That should have been done when you filed your answer, though there are likely ways to get it on file now, by way of motion for leave to file a cross-complaint. Again this is something where a consultation with an attorney might do you a world of good.
Best of luck to you.
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