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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

  1. 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.

  2. 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

  3. 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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