Can a plaintiff file a motion for summary judgement or summary adjudication in a civil case, or is that only allowed by defense?

Asked about 2 years ago - Orange, CA

I am a plaintiff in a civil suit in California and some of the causes of action are not in dispute (def. was arrested and prosecuted). I thought that a plaintiff can file for a summary judgement or summary adjudication on some counts, and avoid trial. My lawyer says that only a defendant can file for a summary judgement. I know lawyers hate to hear this, but I have done my own research online and found countless instances of plaintiffs filing such a motion. I don't want to insult my lawyer, but why would she tell me that we cannot file this motion? I am trying to avoid a costly trial.

Attorney answers (3)

  1. Michael Raymond Daymude

    Contributor Level 20

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    Answered . The facts of being arrested and prosecuted are not causes of action. They may support causes of action but they are not them. There probably are certain aspects of your case that do not make it amenable to a summary judgment or summary adjudication motion. They are more commonly used defensively.

    The fact that plaintiff may be allowed to file such a motion does not make it appropriate in your case. I agree with my colleagues that only your attorney, who is familiar with the factual and legal aspects of your case, should make the decision whether either motion is appropriate in your case.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Neil Pedersen

    Contributor Level 20

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    Answered . It would be inappropriate for an attorney to give you any advice on this site while you are still represented by counsel. The attorney-client relationship is one that other attorneys are required to respect under the Rules of Professional Conduct. If you do not trust that your attorney is giving you good advice, you are entitled to find another attorney.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Alison Swicker Gokal

    Contributor Level 12

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    Answered . i completely agree with Mr. Pederson.

    While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and... more

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