When a contract has been breached and it’s clear that performance won’t continue, plaintiff’s counsel needs to consider what damages are recoverable before filing a complaint, and then how to prove them.
It’s rare for a filed pleading to go missing, but it happens. An original verified pleading or declaration in a time-sensitive matter is safely filed with the court, but at the hearing, the judge flips though the file and states, “I know this pleading was filed, and I looked at it yesterday, but I can’t find the original in the file and it’s necessary for me to proceed. I can continue the matter so you can provide a new pleading, or deny without prejudice. Counsel, what’s your preference?” What do you do?