Intellectual Property Law

Does the second amended complaint have to be served on the defendants lawyers?

The judge dismissed my complaint and told me to amend. I would res judicata apply? I added more defendants to the case were they all supposed to be served. I had also had the original defendants reserved a copy of the new complaint. Was I suppose to have that served on the defendants lawyers. The defendants lawyers are now trying to say that the court dosen't have jurisdiction because they are claiming that the defendantss weren't served properly. The sheriff served everyone.

Public Comments

1. Don't be a moron. Get a lawyer. Remember most judges are lawyers, they stick together and by you not using one your chances are slim to none.
2. Serve complaint on all Defendants, not lawyers with a Summons for each.
3. A man who acts for himself in a Court of Law has a fool for a client. If you are to continue acting for yourself you should be aware that all parties in an action are entitled to all pleadings (applications, defences notices etc) This is to prevent surprise and applications for adjournments to consult clients etc. all of which rack up extra costs which you could find yourself liable for even if you win the case. For your own sake get someone who knows what they are doing
4. You need a lawyer if you want a prayer of winning this thing. You have to show that you served the defendants the second time according to your state's law of civil procedure. Usually, when defendants in a case have already "appeared" by filing an answer to the first version of the complaint, the proper way to serve them is to serve their lawyer, not them personally. In CA, I don't think the lawyer's "jurisdiction" argument holds much water, but you are not qualified to come up with the argument to fight it. That could be a problem for you. You might be able argue that, even though the procedure was not followed, the defendants had actual notice of the amendment and should be bound to court's jurisdiction. But all of this depends on your state's laws and the exact procedural status of your case. From what you say here, res judicata has nothing to do with it. Res judicata means "the thing has been decided". Nothing has been decided here yet, because you haven't yet been able to get your claims in front of a judge for a decision on the merits. Hire a lawyer asap.
5. If someone is represented by a lawyer then you serve their lawyer. (Their lawyer is their legal representative.) If res judicata applied your case would be over! You need a lawyer. Get one ASAP! I am not a lawyer. Only a licensed lawyer can give legal advise. The above should not be construed as legal advise.