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Ely
Ely, Counselor at Law
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I filed my CROSS-MOTION ,when I filed my response in opposition

Resolved Question:

I filed my CROSS-MOTION ,when I filed my response in opposition prior to hearing motion for summary judgement,

2 weeks later, summary judgment was denied from court,

However, there is not any word about my Cross - motion,

Can the court ignore that?

or I ask for nearing date seperaterely?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Did you seek anything in your cross-motion besides denial of the SJ by the other party?



Customer: replied 3 years ago.

yes, I need final summary judgement for me,

 

All their Cause of action was "Amended lease agreement",

 

Their attatching lease document with exhibit of their complaint was not in their,

also in my discovery done,

 

they do not have ,

 

So I filed my Cross - Motion for their failure supporting documents for,

 

Now, Other party filed "Notice for trial"

 

I opposed and filed motion to strike for Ttheir "Notice for trial"

 

Because , my Cross motion 's pendancy and I filed Motion Show cause to enforce Subpoena docume ts was prior to their "Notice for trial"

 

What should I do

 

Expert:  Ely replied 3 years ago.
Let's start again. I understand that they filed for SJ, and you filed for denial. But did you file for SJ for YOURSELF, or only to deny theirs?
Customer: replied 3 years ago.

I did my Cross motion for court relief with same paper with my response in opposition for their MSJ,

 

At the hearing, I reminded to the Judge,

 

Their MSJ was denied 2 weeks later hearing,

 

But there is no word about my cross - motion for summary judgement

Expert:  Ely replied 3 years ago.
I see. In this case, it probably is simply human error. Call the clerk and explain that you had your own SJ, but it was not heard in Court and ask for a date/time for hearing and notice the other party. If the clerk says that they cannot do that for some reason, file a Non-Movant's First Amended Response to Movant's Summary Judgment where you CLEARLY state for your own SJ being sought, and THEN set it for a date/time for hearing as though it were a separate motion. The Judge will hear it as though you filed a separate SJ.

I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 3 years ago.

So,

what I have bias,

 

Other party try to take advantage , maybe court error or mistake,

 

they might lose case with my summary cross motion,

 

that is why,

 

they filed "notice for trial, "

 

even prior to Court denial for their MSJ,

 

In this case ,

 

Court can not set the speedy trial date,

 

What is your comment?

Expert:  Ely replied 3 years ago.
If you are still within time to file a SJ, you can. It is VERY LIKELY that this is why they filed said motion for speedy trial, so as to bypass your chance for a SJ hearing. I advise you strongly to seek a SJ hearing like I described. Don't let them confuse you or the court.

I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86711
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you
Expert:  Ely replied 3 years ago.
You are very welcome.

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