Legal Question in Civil Litigation in California

When a defendant is being sued and files several different types of motions to try to dismiss the case, and is loosing these motions (he won two and lost three), is there a limit to the number of motions he can file?

Is there any code regarding this?

The defendant is actually 2 defendants, a company, and the owner as an individual.


Asked on 9/21/11, 3:28 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Answered on 9/21/11, 3:34 pm

It depends a great deal on the type of motion that the defendant has filed. If you are talking about Demurrers, successive demurrers are disfavored and really serve little purpose.

If you are talking about Motions for Summary Judgment/Summary Adjudication of Issues, it is much less likely that the court would be lenient when bringing successive motions.

If the defendant is bringing different types of motion, then it is more likely that the Court will allow the motions without sanctioning the defendant.

I don't know whether this helps or not but your question is a bit vague on the types of motions, why they were brought, the bases for bringing the motions, etc.

J. Caleb Donner

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Answered on 9/21/11, 3:35 pm

The only limit on the number of motions is that you cannot bring motions on issues that could have and should have been raised in prior motions, and all motions must be made with at least some good faith basis on the merits of the motion under the existing facts and law, or a good faith argument for a judicial modification of existing law, or to make new law.

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Answered on 9/21/11, 4:02 pm


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