My question involves judgment recovery in the State of: California
Trying a new post with less text to attract some help - really I'm desperate.
please explain next move just to keep case alive. I did not reply to defendant's motion for summary judgement. I've been battling to get documents from the defense and they've kept me on my heels buried in paperwork. I tried to focus on just getting the documents and between fending off the papers and their stonewalling I haven't been able to do it right - or right enough for this judge. The point of the ex parte the day before her preliminary ruling was to get some time and guidance on draft motion with case law and time lapse support in proper format for judge.
My science guy and I have found things that appear abnormal, but to present any of those theories we need those factory specs to back it up or make any conclusions comparing lab results with how the product was designed. I can't even get them to give me the number to a line they left blank on the FDA 501k form my first lawyer got from them.
I thought I had that chance with her April 10 schedule and goal of submitting Motion to Compel tomorrow (see the meds for you, I just spent a minute trying to spell tomorrow, I've gotten progressively worse over the last 2 years taking less of the medication not more), but 29 hours later her preliminary summary judgement is posted - with no ruling on request for accommodations filed separately. I feel like the judge is either absent minded or inconsiderate to not know I had several items on the calender (hence the ex parte asking for a stay) or she already had the preliminary judgement written and pulled a bit of a fast one to get rid of me perhaps out of spite - her "someone of your background should be able to follow procedure" comment and antagonistic relation with my mom.
Is the case closed in this court house?
Can I even file this motion to compel I've labored over for months?
Can I file some sort of reply to contest her ruling?
If so, what is it called and what is the basic setup (ie same content as motion to compel with some of the stuff about judges guidelines that I think were overlooked or skipped - OR - do I need to file a whole new item focused more on his evidence and the holes in it along with the theories for my case)?
How much time does it usually take a judge to write a summary judgement (and how often is it done the night before it is posted?)?
I know you'd all like me to hire a lawyer but I can't find anyone to help. All the medical manufacturer lawyers I've called or contacted through the bar work on the contingency basis. I've also tried family friends and alumni for copy edit and form style aid, but they won't help because of some kind of oath. I tried paying the service that my work comp lawyer uses to produce forms (I'd write the text with case law and they just format it, but no pro per allowed). I even tried paying my work comp lawyers secretary, but her boss said no. I can't afford $500 an hour but I'm not sure I could even find the right person to take that offer if I could afford it.
I feel like I've been in a nasty game of kick the can only it is my balls that get kicked every couple of months. Please help