My district court complaint was 24 pages long, the defendant's answer was 2 words. Would you file for summary judgement?

Asked over 1 year ago - Portland, OR

Defendant has dragged their feet and added months to this case already. Now that they are forbidden from asking for more time, they just deny everything & a request a jury trial. I know that a trial is only being sought in an effort to waste more time. I've spanked this lawyer for 2 years straight. I've won 5 motions in the past 8 months alone, and after 2 years, they finally gave an answer to 24 pages of complaints.
The defendant has done nothing but waste time, and I think when I list it all out for the court in a motion for summary judgement, the judge will rule in my favor.

Additional information

Hello and thank you for your reply,

This is not in Washington, this is in the District Court of Oregon. The other party exhausted every excuse they could think of to delay the case, so much so, that the Judge called us together & told the defendant that if they ask for one more extension, they are done. Its not the first SJ motion either, I filed one last fall & the court ruled in my favor on 3 of the 5 claims. The Judge wanted more information on the last 2, so he asked for the complaint to be amended. The amended complaint made the other party look worse, and their answer was to say nothing other than "we deny everything", and they request a jury trial. The attorney let her work pile up, now she has too many briefs due at the same time (she told me), and she's taking her kids on vacation (why she told me, I still don't know). She knows the court won't give her anymore time, she's added 7 months to this already.

Attorney answers (2)

  1. Robert M Lorey

    Contributor Level 12

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    Best Answer
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    Answered . You don't specify the Court system in which your case is pending, so it not possible to give you anything even resembling a definitive answer. I will assume you are litigating in Washington State, since Oregon no longer has District Courts.

    In Washington's District Courts, the rules controlling the action are the Civil Rules for Courts of Limited Jurisdiction ("CRCLJ"). Your best procedural choice is probably contained in Rule 12. You have two potential options. First, you can move for a Judgment on the Pleadings under Rule 12(c) if the facts asserted in defense could not lead a reasonable jury to find a valid defense. Second, you could file a Motion to Strike under Rule 12(f), attacking an insufficient pleading and potentially leading the Court to find the defendant in default. Third, you could file a Motion for a More Definite Statement under Rule 12(e) to challenge a vague and uninformative pleading.

    In answer to your actual query, you could file a Motion for Summary Judgment under Rule 56. If you have been running the opposing attorney around the ring for two years, why are you only now getting the case at issue and considering SJ? Obviously, there are many facts in play which you have not supplied. Those facts will almost certainly be determinative of your answer.

    http://www.integrityoregon.com/

    Good luck!

  2. Troy Austin Pickard

    Contributor Level 17

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    Answered . Nobody can answer the question of whether you will win a summary judgment motion based on the information that you have provided.

    There is nothing inherently wrong with a defendant filing an answer that is just a general denial of all the plaintiff's claims, and it certainly doesn't mean that summary judgment is appropriate.

    If you want to know whether you can win a summary judgment motion, you should hire a lawyer to evaluate the strengths and weaknesses of your case.

    Portland Defender
    1001 Southwest 5th Avenue #1100
    Portland, Or 97204
    (503) 592-0606

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