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Is there any way to point out information within filed documents to the court after a hearing? Tentative Ruling granted ...

Roseville, CA |

Summary Judgment against me. During oral arguments I offered to the court 19 documents proving opposing party lied, withheld evidence, and that the basis of their argument that I had no standing was false and their arguments specious. The court based its Tentative ruling on these specious arguments. Opposition objected to my evidence which would have exposed them. Court sustained objection because the docs should have been included with my opposition. Court said it would re-read the filings (about a 10" stack) and then rule. Was the MSJ hearing my last chance or is there still some way for me to point out to the court arguments and evidence which weigh towards the truth in my favor. The opposition has outright lied. Or, if MSJ is granted, will an appeal be my only next chance?

Attorney Answers 2


It isn't completely clear from your posting, but it sounds like the court's tentative ruling was against you but the court took the matter under submission. The court will re-review the submitted materials before issuing a final ruling. Order granting summary judgment is not appealable. The appeal is from the subsequently-entered order of dismissal or judgment. Hill v. City of Long Beach (1995) 33 Cal.App.4th 1684, 1695. If there ultimately is a judgment against you your only remaining recourse would appear to be an appeal, although a motion for reconsideration or a CCP 473 motion might be possibilities. Such motions are very difficult to prevail on. You have an uphill fight even if you have a lawyer. If you are seriously contemplating further proceedings, I would strongly recommend consulting a lawyer. Even if you don't hire the lawyer for your case, you can obtain guidance and advice.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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If I am reading your posting right it appears that you attempted to offer 19 documents at the hearing on the MSJ - documents that were not previously attached to the Motion or to your Opposition. In that case the judge was correct in sustaining the objections, and it is unlikely that the Court of Appeal will reverse that evidentiary ruling.
It does sound like the trial judge is carefully considering the issue of standing by taking the case under submission, so don't give up hope yet.
If the judge does rule against you on standing, you can appeal from the judgment, as my colleague correctly points out. At the Court of Appeal you would have two important advantages: one, the Court of Appeal reviews the granting of a summary judgment motion "de novo" - which means the appellate court will wholly reconsider whether the granting of the motion was proper. And, the same goes for the underlying issue of standing to sue - that, too, is reviewed by the appellate court as a question of law, which means no deference to the findings of the trial judge.
You do not mention whether you have an attorney representing you, but it sounds like you did not (most attorneys would not make the mistake of trying to offer documents at a motion hearing). If you lose the MSJ, I strongly recommend that you retain an appellate attorney to try to save your case.

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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