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Questions regarding a Motion for Summary Judgment: time to file etc.

San Francisco, CA |

Defendants Answer admits to debt owing and I have company statements confirming its intention to pay, the interest and the previous total. Lawsuit filed in June, scheduled for ADR conference call and case management conference scheduled for last week of Sept.;

Is it advisable to file a Motion for Summary Judgment for the debt claim only and when? (other claims are fraud etc.) What are possible side effects if any? Would it speed up the case or delay it?
Thank you

Attorney Answers 3

Posted

Any time you can resolve a case without a trial, particularly at an early stage, it is well worth the effort. Summary judgment motions are super-technical with detailed and complicated rules, labor intensive and expensive, and does not take a lot to defeat them. It should be done by an attorney. Filing and serving such a motion before the ADR could possibly give you some leverage at the ADR, but the amount in dispute would guide how much time, money and effort I would want to put into it before the ADR.

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Posted

motions for summary judgment are expensive and often not successful because it is difficult to eliminate all triable issues of fact. You can bring a motion for summary adjudication of certain causes of action. The question will be whether they can establish a triable issue of fact regarding the amount owed, etc.

Contact a local lawyer such as myself to discuss further.

Kevin Sullivan
415-441-1052

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Posted

It was a sale of investment notes that were not returned: principal and interest. The amount was not questioned in the Answer which also says the defendants admit that the company "has not repaid certain amounts due to plaintiff under the notes". What else could be a "triable issue"?

Asker

Posted

ps.. I'm thinking of a summary judgment based on my claim Breach of Notes. What legal statutes and cases would apply here? Thank you

Posted

The motion for summary adjudication of issues will neither speed up nor delay your case. Given the timing requirements for the motion, it will not be heard until well after the CMC.

Without knowing more about your case, it is not possible to tell you what is "advisable."

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