Can defendants in an alter ego theory case file multiple motions for summary judgment or do they need to consolidate and refile? We just got served with 10 MSJs, one from each subsidiary of the main defendants, and are wondering if we can require/ask that they consolidate and refile.
Probably. However, there isn't sufficient information regarding the case to know whether or not 10 separate MSJs would be proper. If there are 10 separate defendants named in your lawsuit, presumably each defendant is entitled as a matter of right to file his, her or its own MSJ.
If the MSJs are essentially identical, there isn't any point to forcing them to consolidate and refile. Your opposition could be a combined opposition to all ten MSJs.
Since this appears to be complicated, I suggest you consult with your own attorney if you don't have one. Avvo is only limited to general suggestions and isn't a substitute for litigation counsel that you should hire.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
While I cannot give you legal advice in this forum, each Defendant would have the right to file a Motion for Summary Judgment absent some other order from the Court. You can, however, ask the Court to consolidate them. I doubt the judge would make them refile.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
I would think that each defendant has a right to file a separate motion for summary judgment. I am unaware of any authority which requires defendants to consolidate motions for summary judgment. If the issues are similar, considering the significant filing fee for each motion, I cannot imagine why defendants would have filed separate motions.
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