California  |  Civil Litigation

Legal Question

Asked on: 3/05/13, 10:00 am

In an Unlimited (Defamation, UCL) case, I know that the standard litigation course is after serving defendants with summons and complaint, they demurrer/ M.T.S. and/or Answer, a C.M.C. Hearing, Trial Date set, then Discovery, then Defendants file Motion For Summary Judgment (MSJ), and if overruled, then the case goes to trial.

Rarely does a Plaintiff file a MSJ early in litigation.

My question is: What are the pros and cons for a plaintiff to file a Plaintiff's Motion For Summary Judgement?

If Plaintiff loses Plaintiff's MSJ (gets ovveruled) does that end the case, or can it still stay open and go to trial.

Can a Plaintiff file a MSJ without completing Discovery and not deposing any defendants? Can Plaintiff just use Plaintiff's own testimony and Plaintiff's other (2nd) witness' testimony?

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