Guam Sample Letter for Amended Complaint — No Legitimate Claim: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Amended Complaint — No Legitimate Claim Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally address the recently amended complaint filed against me by [Plaintiff's Name] on [date]. By submitting this letter, I intend to notify you that the amended complaint lacks any legitimate claim and should be dismissed. Firstly, I would like to state that the previous complaint filed by the plaintiff was promptly answered, addressing each allegation comprehensively and providing all relevant evidence that disproves their claims. Despite the detailed response, it appears that the plaintiff has decided to file an amended complaint without presenting any new valid evidence or substantial grounds to support their allegations. Upon thoroughly reviewing the amended complaint, I have found several discrepancies and contradictions within the claims made by the plaintiff. These discrepancies severely undermine the credibility and validity of their complaint. Furthermore, the amended complaint fails to provide any new substantial evidence that warrants a reassessment or alteration of the previous ruling. It is important to note that the amended complaint does not comply with the legal requirements for pleading. [If applicable, mention specific legal requirements not met]. The lack of compliance with these fundamental rules further substantiates the absence of a legitimate claim and highlights the plaintiff's intent to harass or prolong the legal proceedings unjustifiably. In light of the aforementioned reasons, I kindly request that you review the amended complaint critically and dismiss it accordingly. This baseless complaint only serves to cause undue burden and waste valuable judicial resources. I trust in the fairness and impartiality of the court system and have full faith that this amended complaint will be dismissed promptly. I appreciate your attention to this matter and remain available for any further inquiries or information that may be required. Thank you for your time and consideration. Sincerely, [Your Name]
Guam Sample Letter for Amended Complaint - No Legitimate Claim
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FAQ
An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
Because the jurisdiction of the court in which the action is pending over a defendant who has been properly served with summons continues throughout subsequent proceedings in the action (CCP §410.50), the plaintiff need not obtain an additional summons to serve on the defendant when the complaint is amended.
Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.
Example of Defendant Pleading in the Alternative Let's say Paulina sues Debbie for failing to pay for a car Paulina sold her. Debbie can't remember whether she paid for the car. In fact, she thinks the car was a gift. And besides, Debbie thinks the car was defective so she should not owe any money to Paulina.
(b) Service of complaint When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.
Alternative pleading is a form of pleading that allows a party to allege two or more claims which are inconsistent with each other. Alternative pleading is fundamental to the United States court system. During a lawsuit, pleading occurs before the evidence gathering process of discovery.
If you are adding new parties to the lawsuit, you will also need to complete a Summons-Cross Complaint (SUM-110) for the Cross-Complaint and have the new parties personally served with the Summons and Cross-Complaint. After service is complete, the server must complete the Proof of Service3 of Summons (POS-010) form.
Section 472 - Time for amending pleading by party of course (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended ...
