Legal Question in Civil Litigation in California

motion definition

I'm being sued and the suit is totally without merit. All allegations are disputed. Which is the correct motion to file to ask the court to dismiss, a motion for summary adjudication or summary judgment?


Asked on 2/06/08, 11:37 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: motion definition

All the above, in proper sequence. Saying something doesn't make it true, or provable. To succeed, you'll have to properly and effectively prepare the proper motions, with proper admissible evidence, following proper procedures, etc. If you're willing to become fully educated in court law and motion rules, procedures, evidence requirements, etc., then you could be capable of doing it yourself. Otherwise, hire counsel. You only get one shot at this, so done inadequately, you're shooting yourself in the foot. Feel free to contact me if serious about getting legal help, if the case is in SoCal courts.

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Answered on 2/07/08, 12:59 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: motion definition

If material facts are disputed, a motion for summary judgment/adjudication will not work. The matter either would have to be settled or go to trial.

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Answered on 2/07/08, 1:46 am


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