I filed a Creach of Contract Case 100% I thought, and still lost the case?

The forms to file a Breach of Contract case are: 1. Complaint-Contract; 2. Cause of Action-Breach of Contract; 3. Cause of Action-Intentional Tort; 4. Cause of Action-Common Courts, and 5. Cause of Action-Fraud. The court dismissed the case reading: Plaintiff’s Motion for Breach of Contract, Written, and Request for Effective Written Agreement in Support of Demurrer of Plaintiff is deemed opposition to defendant’s demurrer. Defendant (their name) demurrer to the complaint is sustained without leave to amend as to that defendant. The Court, on its own motion, without leave to amend, strikes the complaint. The Court finds that the complaint is not drawn in conformity with the laws of this state, and there is no possibility plaintiff can amend the complaint to state a viable cause of action. Because of this Courts wrongful decision, it will cause me 7 years of this wrongful eviction. The Breach of Contract case to me was totally and absolutely ignored and avoided; and was switched over to a case of Demurrer case. How can the Court finds that the complaint is not drawn in conformity with the laws of this state, When all this took place in Los Angeles, CA where I and the defendant live and the Court is here too? My question is how must I reopen this case just on the ground of Breach of Contract alone, leaving absolutely no room or question for a demurrer or anything else. Last of all, how can you lose a case, having 100% of the evidence and exhibits, Etc. Perhaps get Jury Trial?
The case was within the stutute of limitation. The case was dismissed; but the eviction I am suffering for being on my record for the next 7 years. Funny that was not dismissed. The defendant lied and the court brought absolutely everything they said; nothing I filed or said was not worth nothing at all, this I do know of. Frankly speaking, it was meant for me to lost this case, and out to the street or wherever is where you’re going.

Posted in Landlord Tenant Law.

5 Comments

  1. Just because you have Exhibits for your evidence does not automatically make the court (judge and/or jury) decide that you should prevail in a lawsuit. Jury trials are never a guarantee of success either.

    The problem with your case seems to have been your Complaint — it appears that the court struck the complaint on lack of conformity with state laws and held that your complaint could not be fixed. Consequently, you have no valid claim for Breach of Contract filed with the court. You would “reopen” the case through an Appeal of the judge’s decision. You need to consult with an attorney to make sure that you do this correctly because it will be very difficult to revive a case that was dismissed for these causes. Good luck.

  2. You lose the case when you do not follow the laws and rules of your state judicial system. It is evident that you did not consult your attorney.

    “Pro se” means “on behalf of one’s self”, but the real interpretation should be “Oops. Forgot something very, very important.”

    A little learning (i.e., a few fancy words) is no substitute for knowledge of the law and of the rules of court.

    Before you file a lawsuit, consult your lawyer. Unless the case is unimportant to you. In such unimportant cases, just file it yourself and do not worry about winning.

  3. Most likely your complaint was insufficient or you did not file the required documents. Filing a complaint is complicated and you should consult an attorney to do so properly. The court is essentially saying that no matter what you do you have no legal case, thus even if the court were to accept all of your facts as true the court can’t do anything about it. You should also ensure you were within the statute of limitations. Unfortunately, eviction is not an issue for a jury in most jurisdictions (I can’t think of one). You will not likely be able to re-open the case, since the judge dismissed it with prejudice when he said “without leave to amend.” Best of luck. Always consult an attorney beforehand.

  4. Based on your first sentence, it appears to me that you used some forms created by the California Judicial Council to assist with the framing of your claim. But the rest of your description does not give me enough information to know what was wrong with the complaint. It does appear that the judge addressed the merits of the issue, though.

    There could have been any number of problems with your case. Perhaps the limitations period had run — in California, you must file suit for breach of contract within two years of the breach if the contract is wholly or partially oral, or four years if the contract is exclusively in writing. If you’d waited too long to file suit, there is no way you could have amended to get around that problem.

    It might not be that. But it might be something like that. Or it could be that what you think was a breach of contract was actually not. Unfortunately, a lot of people file claims with the courts, thinking in good faith that they are 100% right, when in fact the law turns out to be much more complicated than they thought it was.

    It could also be that the judge made a bad call. If you’re convinced you’ve got a good case, then at this point you need to take it to an attorney. After a demurrer has been sustained without leave to amend, your only option is to appeal. You must do so very soon — you should file a notice of appeal within 60 days of the judge’s ruling against you. Appeals are complicated and expensive and, while you’re obviously smart enough to have gone this far without an attorney, you’re headed into very rough waters without professional guidance.

    Call (213) 243-1525 or visit http://www.smartlaw.org and ask for a referral to an appellate attorney, or at least a civil litigator who also does appeals. This is going to cost you real money, I’m afraid, but at this point you’ve got no other options other than walking away from the case.

  5. You represent yourself at your own peril. The courts do not grant anyone any slack just because they are representing themselves – they assume that you have all the knowledge and experience of any other attorney. Why your case was tossed? Who knows? You obviously did something wrong – we have no idea what – and the court got rid of it. That happens all the time.

    A court does NOT have to wait for someone to make a motion to dismiss a case. It has full authority to dismiss anything it wants at any time. If your case was dismissed with prejudice, then its over and dead. If it was dismissed without prejudice, then you can amend and try again (but only once more – most states do not allow more than one dismissal).

    There’s no guarantee you can open the case again. You need to get a California licensed attorney to ensure that doesn’t happen again.

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