The successor law firm has now reserved a second Motion For Summary Judgment to be heard within a week of the mandatory settlement conference and within 40 days of the start of the jury trial on this $12,500 case. I will oppose this new motion for summary judgment as I opposed the first. Why would a collection agency spend this kind of money on a $12,500 case? Why would they pay a second law firm to file and argue a second MSJ? When is it procedurally correct to file my 9 motions in limine to prevent exhibits used during my recent deposition from being introduced to the jury at trial? Why are these defendants willing to try this case before a jury instead of offering a reasonable settlement?
One can only hazard a guess based upon your limited facts that the case involves an issue of importance to the plaintiff and is based upon a written contract which contains an attorney fee provision.
If so, you may find yourself with a judgment against you for substantially more than the $12,500 (and even in excess of $25,000) after interest and costs (including attorney’s fees) are added to the judgment. There is nothing wrong with the motions in limine. They appear procedurally correct in that they seek to exclude evidence at trial.
Why would the plaintiff "offer" a settlement? You are the one that owes the money. While the MSJ appears timely, you should carefully review the timeliness of it as the time requirements are jurisdictional. See, CCP 437c.
I do not see this turning out well for you, especially if the new MSJ cleans up the defects in the first motion. You may wish consult counsel and make a reasonable settlement offer now.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Real Estate Attorney
Code of Civil Procedure section 1008 restricts a party's ability to bring a later motion seeking the same relief as an earlier one. The defendant has to show facts or law that were not reasonably available for the first motion.
Divorce / Separation Lawyer
In regard to the attorney fees, perhaps you have a provision in your written contract for the prevailing party to receive attorney fees and they believe that you have assets which will allow them to collect their attorney fees and costs. Your Motion in Limine will be exchanged prior to trial, and before the trial commences, the judge will hear your Motion in Limine. In regard to the drafting of your presentation of the Motion in Limine, you really should speak with legal counsel. Also, you should have someone check out whether the second Motion for Summary Judgment is simply a repeat of the first and if so, make appropriate objections.
I hope this is helpful.
John N. Kitta
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.