I hear it at least once every day. Bad judge. Bad lawyer. Bad opposing counsel. Bad "legal" system. Bad, bad, bad - it's everyone else's fault they they keep losing.
Take, for instance, the couple who came in the other day. Seems they had had a business selling tchotchkes online. Seems their supplier had shorted them a couple hundred items on an order (they're looking at maybe $200 in damages) and so filed suit for breach of contract.
Simple small claims action. But no. Couple was out for blood - so they sued for $150,000 and costs of suit. Standard prayer for damages IF your damages were significant enough to sue in Superior Court (which, in couple's case, they weren't).
So, couple hunts around on Google for a sample complaint, files it and......the court grants a demurrer with leave to amend their complaint.
Couple is angry but they hunt around Google for another example complaint, file their 1st Amended Complaint and......the court grants another demurrer with leave to amend.
Couple is hopping mad, hunts around Google for another example.....do you see a pattern here?
Anyway, when the court granted another demurrer, the judge suggested they do something other than what they've been doing or the next time they show up in court they won't be allowed to amend. A friend suggests they go to the law library and in front of me they stand - shouting.
Do you know what's it's like when one person is whining about how the world is out to get them. Well, I had two.
That's two middle-aged, red-faced people who were whining how the legal system is rigged against small businesses; how the government is out to get them; how stupid the other attorney is; how corrupt the legal system is and on and on and on and on and on and.....15 minutes later they start to run out of steam.
The technique you use when helping pro per litigants is pretty much the same you would use to help a drowning person - you come at them from behind (or they'll kill you before you can help them).
So, says I, I'm guessing this is your first time in a law library. YES!!!!! HOW COULD YOU TELL, shouts the couple.
I continued noting that in the state of California, there are publications that are not available in any other state of the union. I mean, California seems to have an edge on the market with it comes to legal resources to help people in the litigation arena.
Yep, love us or hate us, California has it going on when it comes to litigation materials. With that bit of insight, I said to them, might I suggest you take a look at:
- California Causes of Action (James Publishing)
- California Forms of Pleading and Practice (Lexis)
- Judicial Council of California Civil Jury Instructions (Lexis)
- California Practice Guide: Civil Procedure Before Trial (TR)
- California Civil Discovery Practice (CEB)
and off couple slunked off to prepare their 5th amended complaint.
Yep, there are a whole lot of people out there in Internet land that think the Internet is all that. Good thing there are county law libraries around to help you when you finally realize that it isn't.
Well, hopefully you realize it before you strike out and start blaming everyone else.
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