Wednesday, September 24, 2014

Fleet v. Bank of America (Cal. Ct. App. - Sept. 23, 2014)

Justice Bedsworth authors another classic opinion in which he speaks carefully, saying in footnote 1:

"Because they [plaintiffs Robert and Alina Fleet] are representing themselves, their complaint is not in the form to which courts are accustomed.  [Footnote 1:]  The trial court sustained BofA’s demurrer to the Fleets’ original complaint and told the Fleets they had to plead with more specificity. The Fleets evidently took this admonition to mean they had to try their case in their amended complaint. The result is a complex and fact-intensive document that requires concentration and dogged analysis. The Fleets’ appellate brief demonstrates mastery of English but a natural – and commendable – unfamiliarity with legalese. This might be a good time to associate in someone who speaks that tongue."

Let me help translate for Mr. and Mrs. Fleet Justice Bedsworth's own legalese:

Get a lawyer.