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Dwayne B.
Dwayne B., Attorney
Category: California Employment Law
Satisfied Customers: 32339
Experience:  Began practicing law in 1992
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Mr. Dwayne .: Would you be able to provide informal review

Customer Question

Mr. Dwayne B.: Would you be able to provide informal review and comment on my completed complaint form and five-page statement of facts? I followed 9thCCA instructions and Rules. After several drafts, I would much appreciate an expert's review for obvious
flaws, and improvements needed. Of course, your name would never be disclosed unless expressly authorized.
Submitted: 11 months ago.
Category: California Employment Law
Customer: replied 11 months ago.
For Dwayne B. only: Would you be able to provide informal review and comment on my completed complaint form and five-page statement of facts? I followed 9thCCA instructions and Rules. After several drafts, I would much appreciate an expert's review for obvious flaws, and improvements needed. Of course, your name would never be disclosed unless expressly authorized.
Attached is the document, as you requested.
Expert:  Maverick replied 11 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Answer will follow shortly in the pane below as per above parameters….

1. If you would like me to review it, I can do so but I need for you to upload it as a pdf file as it is not coming up using my Word software for some reason.

2. Also need for you to tell me what areas of the document that you have concern with: You top 3 issues.

Expert:  Dwayne B. replied 11 months ago.

I need you to reattach the document in PDF format if you could so that I can view the document without downloading it.

Customer: replied 11 months ago.
The PDF document is attached.
Expert:  Dwayne B. replied 11 months ago.

I looked over the attached document. As I explained, I can't give legal advice on the document but one thing I did notice is that you appear to either misunderstand or misrepresent the purpose and procedures of a summary judgment proceeding. You probably want to do some research on that issue and clear that up.

Just as an example, a summary judgment motion is always made pre-trial, so there is nothing improper in this one being done pre-trial. In addition, a summary judgment never considers the pleadings on file, it only considers the evidence supported in support of or in response to the Motion for Summary Judgment (MSJ) and pleadings are not evidence.

What this means, in practical and general terms and not specifically directed at your case since I didn't and can't read your SJ documents, is that regardless of how much evidence you have and how good of a case you have if you don't properly respond to the allegations made in the MSJ then you will lose. In addition, a MSJ is decided solely on the motion and the response, no evidence is taken at the hearing on it and the arguments really don't do anything.

Based on that you may want to consider rewording the beginning of your document. Assuming the allegations in the numbered paragraphs are true then you appear to have set those out well and succinctly but they aren't tied in any way to the complaint about the MSJ so it appears random.

Customer: replied 11 months ago.
Thank you, Dwayne.My response rebutting their SJ motion was fully supported by law and overwhelming undisputed facts attested by declaration, and much of which corroborated circumstantially. Maybe I should fit this statement in my beginning paragraph.
Expert:  Dwayne B. replied 11 months ago.

That would be fine, it's just the way that you phrased it you make it appear improper for them to consider it pre-trial when that is the only way a MSJ can be considered and then the discussion of the evidence and pleadings is confusing. Since you are complaining of a judge's actions you want to make sure that you are very particular in your phrasing and that you don't misrepresent anything or even phrase it in such a way that it is subject to more than one interpretation.

Expert:  Dwayne B. replied 11 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

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