He Who Represents Himself Has a Fool for a Client

Published: Aug. 26, 2022, 3:04 p.m.

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It\'s Not Nice to Lie in a Pleading  

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Earnest A. Davis sued a car repair shop, its manager, and his car  insurance company alleging they engaged in a ploy to damage his  convertible Porsche so that he couldn\'t afford to repair it and another  customer of the repair shop could purchase it. On appeal, he challenges  the trial judge\'s rulings sustaining the defendants\' demurrers and  dismissing his lawsuit in its entirety.  

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In Earnest A. Davis v. Government Employees Insurance Company et al.,  E074317, California Court of Appeals, Fourth District, Second Division  (August 15, 2022) the trial court gave the plaintiff four chances to  plead a cause of action against the defendants although he admitted to  accrual and a suit filed after running of the statute of limitations.  FACTS  Before his claims were dismissed on demurrer, Davis filed four  complaints over the course of his litigation. For a short time-to defend  against the first round of demurrers-Davis was represented by counsel.  For the remainder of the litigation, he represented himself, as he does  on appeal.  The First Amended Complaint (FAC)  The FAC, filed on July 2, 2018, makes the same basic allegations of  misconduct against Walter\'s but asserts a total of 12 causes of action.  Like the original complaint, the FAC did not name GEICO as a defendant  or make any allegations of wrongdoing against the insurance company.  Rather, Davis alleged only that GEICO had authorized and paid for the  repairs, and later, had declared the car a total loss with the DMV in  reliance on misinformation from Walter\'s.

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