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

Orange, CA |
Filed under: Lawsuits and disputes

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

Posted

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.

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Posted

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 only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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2 comments

Asker

Posted

Perhaps I misspoke. Let me ask the question this way: Can a plaintiff file for a summary judgement?

Neil Pedersen

Neil Pedersen

Posted

Sorry. Knowing you are represented makes it inappropriate for me to respond.

Posted

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 complete legal advice.

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