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Can I file a Motion to Dismiss a Motion for Summary Adjudication?

San Luis Obispo, CA |

The Motion for Summary Adjudication contains issues that were not presented in the pleadings , are estopped from being presented , and are completely non - responsive to the underlying petition . Can I file a motion to dismiss to get rid of it instead of filing an opposition and having to address the merits of the issues again ?

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Attorney answers 3

Best Answer
Posted

No, there is no such procedure to dismiss a pending motion. You need to file a timely written Opposition to the Motion for Summary Adjudication. If there is sufficient notice time (75 days), you might be able to file a cross-motion for summary judgment and/or adjudication.

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.

Posted

No, you can't file a "Motion to Dismiss a Motion for Summary Adjudication"--there is no such thing. Proper procedure is for the non-moving party to file an "Opposition to the Motion for Summary Adjudication." Best of luck to you.

Posted

No. If it is that bad, it should be easy to beat.