Can I file a Motion to Dismiss a Motion for Summary Adjudication?

Asked over 1 year ago - San Luis Obispo, CA

The Motion for Summary Adjudication contains issues that were not presented in the pleadings , are estopped from being presented , and are completely non - responsive to the underlying petition . Can I file a motion to dismiss to get rid of it instead of filing an opposition and having to address the merits of the issues again ?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . No, there is no such procedure to dismiss a pending motion. You need to file a timely written Opposition to the Motion for Summary Adjudication. If there is sufficient notice time (75 days), you might be able to file a cross-motion for summary judgment and/or adjudication.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Malosack Berjis

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . No, you can't file a "Motion to Dismiss a Motion for Summary Adjudication"--there is no such thing. Proper procedure is for the non-moving party to file an "Opposition to the Motion for Summary Adjudication." Best of luck to you.

  3. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    Answered . No. If it is that bad, it should be easy to beat.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,877 answers this week

2,916 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,877 answers this week

2,916 attorneys answering