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When , or How , or Does the Plaintiff need to answer Defense quoting of Plaintiff's words and sentences in his Declaration

Los Angeles, CA |

Summary Judgment requested by the Defense ; Plaintiff filed objection on time . Defense reply to the objection , branded as " Hearsay , Lack of Grounds , " You are a liar , etc . , on many words and sentences in the Plaintiff's Declaration in sport of their objection to granting Summary Judgment to the Defense . This is an employment discrimination case , . where Plaintiff was paid callously thereby forced to spend his own money extensively . What are evidences and or supporting documents on this kind of damages ?

Attorney Answers 4

Posted

If you have responded to defendant's motion for summary judgment there is nothing more for you to do except to attend the hearing. If the judge provides tentative rulings be certain you are familiar with CRC Rule 3.1308 and follow it as applicable.

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Asker

Posted

Thanks, that's very helpful to me at this stage. My case is in the district Court, so the rule could be slightly different?

Michael Raymond Daymude

Michael Raymond Daymude

Posted

Yes. You need to be familiar with the federal rules of civil procedure, the local rules, and the judge's local, local rules. Good luck.

Posted

Motions for Summary Judgment can in fact result in termination of your law suit. Precision is required in the pleadings and the rules of the court in the jurisdiction in which this action is pending answer your question about supporting documents. An experienced civil litigator in your jurisdiction should be consulted. Meanwhile, here's an article on the subject: [Blue-Link-Below]

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Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

I hope you have a lawyer because discrimination cases are quite difficult.

Posted

When you say Plaintiff filed an objection on time, I hope you mean an "Opposition" filed at least 14 days before the hearing, and I hope your Opposition presented evidence in the form of declarations and/or deposition testimony which raises at least one triable issue of material fact.

What the judge is looking for is evidence to show that there are material disputes of fact which entitles you the plaintiff to go to trial.

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Asker

Posted

Over 5 years of disparately paid aerospace worker who is a minority, cited his disability, all things went bad including termination of this worker after reporting to EEOC the discriminations based on those mentioned. Replaced by 5 much younger than age 48 of the eamployee whose work took that many people to cover as he has the heaviest in workload but the least on pay.

Posted

Your question is confused. First, you should have an atty representing you. MSJs are difficult and require a lot of work and detail. if the motion was filed and you have already filed your opposition, it is a bit late in the game to be asking about what evidence and supporting documents you need to establish your damages.
You can file evidentiary objections to evidence cited in the other party's papers. Those objections must be legally proper. They can reply to your objections, attacking them as improper. Without seeing all the papers, it is difficult to comment on their reply. They could be right, or might not be.

You should consult with an atty so you can possibly move to suppleemnt your papers if need be, or continue the hearing, or know the options you have if you lose the motion.

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