Re: motion to amend

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Okay Thank you, I'll try to keep it short but the lawsuit is for
work my husband and i did on my father home we had an agreement
that we would do all the work to his home and when we were done
we would sell the home and put a down payment on a home for us
(100,000) and then we would get him a home and start a bisness of
buying, fixing, and selling homes well that was the agreement

well after 10 months of work the home was 90% done and well my
father brings in my sister and brother witch they start problems
saying the work was not going fast enough well we deiced to go
our separate way in exchange for our work we would get 60,000 for
a down payment and 5,000 to live till my husband got to work well
we had everything work out we had a settlement agreement (but not
signed by my father) they had made arrangements with the title
company to give us the money well long story short they chose not
to pay us so we tried for a few months and they just refused so
with our first attorney we filed a complaint and they filed a
cross-compalint for unlicensed contractor and with our second
attorney we filed an answer this whole time still trying to
settle well we got a third attorney to help with a "MOTION FOR
LEAVE TO FILE FIRST AMMENED COMPLAINT"

At first when my father filed his cross-compliant we were told by
our second attorney that we did not have a case because of
the "hydroteck v oasis water park" and basically he said read
your complaint so we found a third attorney who said he could
help us to amend the complaint to move in to the realm
of "Norwood v Judd" and we feel that we have enough evidence to
prove our case but not being an attorney and going up against an
attorney its scary and not knowing what to expect (oh boy!)

by the way i am in California so if any one for here could post
there point of view would help.

THANK YOU and sorry its so long

On 1/25/05, 00 wrote:
> I don't quite understand your post, so I will try to translate.
> I think what you are trying to say, is that you filed a civil
> suit, a "complaint" against someone and you had an attorney at
> the time who filed that for you. I will also assume that the
> Defendent was properly served with the Complaint. After the
> Complaint was filed, you noticed that there were either some
> factual inaccuracies in the Complaint, or the Defendant was not
> the correct Defendant. Then, the attorney quit or you fired
> him/her most likely having to do with money as the bottom line.
> Now, you want to amend the original Complaint. You said you
> filed a "Motion" pro se. A Motion for what? A Motion to Amend
> the Complaint? Or a Motion for a hearing? Or something else?
>
> We have no idea if the judge will be "likely" to grant any
> motion, since we don't know the real issues in this case or why
> the Complaint has to be amended. Plus, all judges are
> different. If there are any procedural problems, you won't get
> a hearing at all until the problem is rectified. You also might
> never get a hearing if the judge feels you are just going to
> waste his/her time if the complaint has no merit or no basis in
> law. As far as what to expect in any hearing, you need to have
> all the facts, supporting case law, documents, witnesses and
> anything else that might support your case. And you have had to
> complied with all court rules and regulations regarding the
> presenting of such. For example, you may not just show up with
> witnesses or documents. A list must be provided to opposing
> counsel within a certain amount of time and in the format the
> court requires. There are loads of rules regarding court
> procedures. Theses rules were made for lawyers by lawyers and
> unfortunately, the courts do not provide any guideline packets
> for pro se litigants that address all situations, motions, etc.
> The best thing to do, is to search your state's statutes and
> rules.
>
> http://www.nolo.com/lawcenter/statute/state.cfm
>
>
> On 1/25/05, amanda wrote:
>> On 1/24/05, amanda wrote:
>>> My husband and I are in a law civil case we filed
>>> (w\attorney) a compliant 2-2-04 and we have not been given
>>> a trial date nor has any depositions taken place since
>>> filling the complaint we have found that the complaint is
>>> wrong and need to be amended we had another attorney help
>>> us with motion (Pro Per now since we don't have the money)
>>> My questions is the juge likely to grant the motion?
>>> and what should we expect to happen at the hearing we have
>>> been to a few CMC hearing but this is big and we don't want
>>> to mess it up any help would be great
>>> Amanda
>>
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>> CAN SOMEONE HELP????????