Prevailed as a pro per plaintiff on an anti-SLAPP motion for malicious prosecution. What are the chances of prevailing on a summary judgment with the same evidence?
Not interested in settling, though they want to. I would rather just let them default.
Don't let emotion overrule your common sense, if you have the opportunity to settle the case for a reasonable amount, less than you might get at trial, knowing you will save on costs and stress, then settle.
As far as the MSJ, the court must view the evidence in light most favorable to the oppostion and you must show that even when doing that there is no disputable factual scenario which would require the judge to deny the MSJ, thereby entitling you to judgment as a matter of law, therefore the MSJ's are very difficult to win! Give it a try if you think you can win and it might even stimulate a better settlement offer before the MSJ is heard?
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Personal Injury Lawyer
Impossible for anyone here to answer that question. Summary judgments have a different standard than a slapp motion. It is very difficult for a pltf to win a summary judgment. You should consult with a lawyer, and maybe consider option of settlement vs cost and time and risk of pursuing case further.
Real Estate Attorney
As my colleagues have pointed out, your motion would have two problems. The court's order that you have enough evidence to get to trial does not mean that you are entitled to prevail. You cannot obtain judgment without showing damages, which was not in issue on the anti-SLAPP motion.
Beware successful litigant's syndrome: the tendency to believe that, because the court decided in your favor on one thing, it will decide in your favor on everything.
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Congratulations on prevailing on the anti-SLAPP motion.
You left out one important factor: the defendant(s) have the option to appeal the ruling, assuming that there is still time for them to do so. If they do appeal, your case will be hung up at the appellate court for as long as 18 months or more, during which time you will not be able to litigate in the trial court.
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