The facts of being arrested and prosecuted are not causes of action. They may support causes of action but they are not them. There probably are certain aspects of your case that do not make it amenable to a summary judgment or summary adjudication motion. They are more commonly used defensively.
The fact that plaintiff may be allowed to file such a motion does not make it appropriate in your case. I agree with my colleagues that only your attorney, who is familiar with the factual and legal aspects of your case, should make the decision whether either motion is appropriate in your case.
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Good luck to you.
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