STATE OF MINNESOTA
HENNEPIN COUNTY
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
CASE TYPE: CIVIL
Biersdorf & Associates, P.A.,
PLAINTIFF-COUNTER DEFENDANT
v.
La’Mont Knazze, III
DEFENDANT-COUNTER
PLAINTIFF/JUDGMENT DEBTOR
Court File No.: 27-CV-21-12267
JUDGE KRISTIN A. SIEGESMUND
NOTICE OF MOTION AND MOTION
TO RECONSIDER
NOTICE OF MOTION AND MOTION
To the above named PLAINTIFF-COUNTER DEFENDANT:
You are notified that on a date and time to be determined by the Court, Defendant-
Counter Plaintiff, pro se, will bring on for hearing her Motion to Reconsider Order for the
reasons stated in the following Motion.
Dated: ENTER DATE Respectfully submitted:
_________________La’Mont
Knazze III 17778
Evener Way Eden
Prairie, MN 55346
Tel. (952) 544-6417
Email: djrsettlesit@yahoo.com
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT-COUNTER PLAINTIFF’S
MOTION FOR RECONSIDERATION
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COMES NOW Defendant-Counter Plaintiff, La’Mont Knazze, III (hereinafter
“Knazze”), pro se, pursuant to Minn. Gen. R. Prac. 115.11, and in support thereof would most
respectfully show unto the Court the following, to-wit:
FACTUAL BACKGROUND
On October 11, 2021 PLAINTIFF-COUNTER DEFENDANT/JUDGEMENT
CREDITOR (hereinafter “Biersdorf” or “PLAINTIFF-COUNTER DEFENDANT”) filed the
present complaint for renewal of judgment and attorney fees.
Knazze responded by filing his answer with counterclaims for breach of fiduciary duty,
legal malpractice, tortious interference with prospective contractual relations, defamation and
negligence.
On November 9, 2021 Knazze filed the answer to counterclaims. In its answer Biersdorf
did not assert a defense regarding the expert-affidavit requirements.
On December 23, 2021 PLAINTIFF-COUNTER DEFENDANT sent a notice requesting
an affidavit pursuant to Minn.Stat. § 544.42.
Knazze then filed a Motion to waive the expert affidavit requirement. In the Motion,
Knazze argued that a good cause existed for not requiring certification. For instance, the conduct
complained of could be evaluated adequately by a jury in the absence of expert testimony. It was
also not possible for Knazze to find an expert within the tight schedule. Further, Knazze has not
been able to find another attorney to give the expert evidence, on time. Lastly, Knazze argued
that there was a need to conclude the discovery process, which will reveal all communication
between Knazze’s former attorney and Biersdorf. Knazze also asserted that excusable neglect
existed in the matter such that if the court does not waive the requirement for expert affidavit, the
Court should extend the deadline.
On February 23, 2022, this Court entered an order on Knazze’s Motion and Biersdorf
Motion to compel compliance with a third party subpoena. In the said Order, the Court denied
Knazze’s Motion. The Court further Ordered that Knazze must file an expert affidavit within
sixty days from the date of issue of the Order.
ARGUMENTS
Defendant-Counter Plaintiff would show that the Court erred in denying Knazze’s
Motion for a waiver of the expert-affidavit requirement.
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i. Biersdorf’s conduct can be evaluated by a jury; expert disclosure is therefore
not necessary
Expert testimony is required to establish issues of legal malpractice, unless the conduct
can be evaluated by a jury in the absence of expert testimony. Wartnick v. Moss Barnett, 490
N.W.2d 108, 116 (Minn. 1992). Thus, whether a plaintiff is required to make an expert
disclosure is something that must be determined on a case-by-case basis for each element of the
prima facie case of malpractice. For instance, the determination of proximate cause is normally a
question of fact for the jury. See Wartnick. 90 N.W.2d at 115. According to the Supreme Court
of Minnesota in Hill v. Okay Construction Co. Inc., 312 Minn. at 337, 252 N.W.2d at 116,
instead of relying on a general rule, the Court can analyze whether the facts needed to establish
but-for causation are within an area of common knowledge and lay comprehension such that they
can be adequately evaluated by a jury in the absence of an expert. Further there is no requirement
for expert testimony on the other elements of a prima facie case of legal malpractice. The Court
may conclude that a genuine issue of material fact exists even in the absence of expert testimony
on causation. Admiral Merchants Motor Freight, Inc. v. O’Connor & Hannan, 494 N.W.2d 261,
267 (Minn.1992).
In the instant action, Knazze avers that the jury can determine the conduct of the
Plaintiff-Counter Defendant. Per Wartnick. the jury is able to determine the issue of probable
cause of Biersdorf’s actions and/or inactions. Further, the facts leading to Defendant-Counter
plaintiff’s allegations are within the common knowledge of reasonable persons.
ii. The discovery process will provide pertinent evidence to support Knazze’s
counterclaims
When bringing a legal malpractice claim, a plaintiff must present evidence of the
applicable standard of care and that the standard was breached. Wartnick v. Moss Barnett, 490
N.W.2d 108, 116 (Minn. 1992).
According to Minn. Stat. § 544.42(3)(c), ood cause includes, but is not limited to the
requirement for an expert affidavit may be waived upon a showing that the action requires
discovery to provide a reasonable basis for the expert’s opinion.
In the instant action, Knazze’s counterclaims require discovery to reveal all
communications between Plaintiff-Counter Defendant and Defendant Counter Plaintiff’s former
Attorneys regarding Bierdorf’s unpermitted disclosures. Notably, Defendant Counter Plaintiff’s
former attorney decided to cancel representation after conversations with Plaintiff- Counter
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Defendant. These facts can be demonstrated only after conducting discovery. For this reason,
Knazze asserts that discovery will reveal pertinent evidence that will show Bierdorf’s
blameworthy conduct.
WHEREFORE, PREMISES CONSIDERED, Defendant-Counter Plaintiff prays that
this Court reconsiders its Order entered February 23, 2022. Defendant-Counter Plaintiff also
requests this Court to issue any other Order it deems just.
Dated: ENTER DATE Respectfully submitted:
_________________La’Mont
Knazze III 17778
Evener Way Eden
Prairie, MN 55346
Tel. (952) 544-6417
Email: djrsettlesit@yahoo.com
CERTIFICATE OF SERVICE
I, La’Mont Knazze, III, do hereby certify that I have this day mailed, U.S. Mail, postage
prepaid, a true and correct copy of the above and foregoing to Biersdorf & Associates, P.A at the
following address;
Biersdorf & Associates, P.A.
Ryan R. Simatic
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Attorney #392462
150 S 5th St, Suite 3100
Minneapolis, MN 55402
Tel. (612) 339-7242
Email: info@condemnation-law.com
Dated: ENTER DATE
_________________La’Mont
Knazze III 17778
Evener Way Eden
Prairie, MN 55346
Tel. (952) 544-6417
Email: djrsettlesit@yahoo.com
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