Do you find satisfaction at work? Do you like what you do?
Have you ever thought, while sitting in your cubicle that you had found the perfect job?
As a law Librarian, those thoughts have crossed my mind. I mean, dig my gig, I do. I really get into helping people find answers to funky legal questions. Problem is that sometimes the answer to the question is not what is wanted. When that happens, hell hath no fury.
Take, for instance the lady who came in the other day. Seems lady had sued for a sum of money in small claims court a while back - and she won!
Drunk with success, lady waited a few years and decided to roll the dice again and file the same lawsuit against the same parties in a higher court (so she could get more money). Imagine lady's chagrin when the defendant's serve her with a motion for demurrer declaring that she can't sue them again for the same thing.
She is floored and wants to know how to get around the demurrer. Shaking my head (because I know she's screwed), I suggest she take a look at:
- California Forms of Pleading and Practice (Lexis; Vol. 43, Chp. 491 (Res Judicata))
- California Jurisprudence, 3d (TR; vol 40A §§ 162-266 (Judgments))
- Corpus Juris Secundum (TR; Vol 50, 1093-1187)
- Causes of Action (TR; 33 COA2d 465 § 18)
- American Jurisprudence Pleading and Practice Forms (TR; Vol. 15 § 281-294 (Judgements); Vol 19B § 99 (Pleading))
Bottom line, she can't win (well, she might if she could bribe the judge). Thing is she's trying to get a second bite at the same apple and courts really don't like that (i.e. it's not equitable).
Not getting her way, lady throws a tantrum and complained to my boss. Then she complained to everyone in earshot. Then she went and complained to whatever gods were listening to her complaints and stormed out of the library.
Just as well. Some people you can help. Others, not so much. Best you can do is pat yourself on the back and be glad they're not suing you.
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