How to Manage Costs

Key Points:

1. “Clients often ask at the beginning of litigation, ‘Shouldn’t we file a demur or motion to strike’ the challenge is, in a motion to strike or demur at the early stages the pleadings are taken as if everything said in the complaint is true and you can not bring in extrinsic evidence to argue or change what has been pled.”
2. “Motions to strike and demurs should only be filed, in my mind…, if there is  a dispositive claim.”
3. “If there is not a dispositive claim, all you do is educate the opposing side because leave to amend is freely granted.”