So, as I understand it, we should be able to respond to what the plaintiff has now filed "motion for summary judgement" by counter-motion to have the case dismissed based on the statute of limitations? If so, this looks like a very straight forward issue. The current attorney (we are interviewing substitutes) wants to charge for 15 hours of time, including "legal research" to defend the case. It seems like this is an open and shut case, because of the statute of limitations, and wondering in fact if I am entitled to damages as the plantiff knew or should have known that this case was therefore frivilous.
Welll, while I was waiting for your answer, I reviewed the lease. It turns out that I had signed two leases with same leasing company (Citicorp) one of which is not in contention, and the one NOT in contention is the one with that clause.
So now it is a little more straightforward, since the lease in contention does not have the waiver clause at all. So, as I understand it, this is now a relatively straightforward case. To address the issue of legal research then specifically ,would you not expect a lawyer who claims expertise in business law and civil litigation would be familiar with UCC statues about leases and statues of limitations? If this is the case, shoudl there be "legal research' and is there any thing else the attorney needs to do except to address the court seeking relief on basis of that statute of limitations?
Inotherwords, can I reasonably expect that the case will be dismissed and if so, can I expec the judge to award me damages. There is no arbitration or mediation clause in the lease.
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