What can be argued if the moving party uses a flagrant mistake on an amended complaint as a reason for summary judgment?
Also, can the amended complaint be referenced in other arguments for summary judgment or would the whole complaint be moot
Lawsuit / Dispute Attorney
The moving party must be able to prove all the "material" allegations at a summary judgment hearing so as to create a genuine issue that only a trier of fact can solve.
That is the kjey. If there is a flagrant mistake and it is "material" to the cause of action, then summary judgment cannot be granted.