Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - thanks for looking me up.
A motion for summary judgment is a request by the moving/filing party to be granted a judgment without having to go to trial (summary judgment) because the facts are undisputed (you usually see the language "there is no genuine issue of material fact...") and that the party is entitled to a judgment as a matter of law.
Sure, this is up your alley
Motions for summary judgment are VERY HARD to win, which is good news if you're not the party that filed the motion!
Basically, you have to prove that under NO circumstance can the other party prevail. Because this kind of motion takes a party's right to his/her day in court, judges are very unwilling to grant these types of motions.
I filed it. Plaintiffs councelcouncil responded with twisted truths and iI want to rebut
That said - - it certainly happens, and motions for summary judgment are granted all the time. But, it must be shown that there is no way that the other party can defend or prevail on the claims.
The USUAL response for something like this is to try to show the judge that there are issues, questions of fact, things that aren't settled, etc. and that there are too many issues to be resolved via motion and that a trial is required.
ThatsThat's what iI did. He's playing word games and twisting things
Thus, most of the time, the response is to try and tear down the allegations made and try to convince the judge that there are issues must be heard at trial, with witnesses, etc.
This is defam against me and my ex-wife for warning our daughters that her ex was looking at child porn. We have 3 granddaughters
The plaintiff's attorney is doing all he can to throw up any issue, point or fact he can to try and show the judge that there's a contested issue in the case.
As for the defamation claim, generally, allegations made in court or claims made against another party can't be grounds for a defamation claim. Thus, it is not likely that this could be claimed as defamation in terms of having a legal claim.
he did not comply with order to compel discovery-he sent NEW manufactured evidence different than he will be introducing, but says he did comply...as an example
The case is a dfam per sesdfam
My tablet isntisn't liking this chat chat...sorystory
Let me get back with you on laptop
I can switch us to Q&A.....
Ok. I don't know how to get back into chat. Sorry, but my tablet was having major issues with that chat.
I am the defendant in a defam per se case; our original atty was either incompetent, or trying to help the plaintiff win, or didn't gives a rat's arse, or all of the above. When we confronted him, he withdrew and now we are pro se.
I filed a motion for summary judgment listing 5 reasons why no issues remained for trial and the judge should find in our favor. In plaintiffs response he did a bunch of double-talk--i.e. he said that even if privilege existed, he can prove actual malice because the plaintiff said we lied and therefore we acted in malice. Most of his arguments against the motion are based on the plaintiff swearing he didn't look at child porn. I thought I ran across case law saying an affidavit by the non-moving party alone does not constitute evidence against summary judgment, so I'm confused as to why he's hanging his hat on that.
So, I want to rebut his response. Is it a "reply to Plaintiff's reply to..." or other?
Ok, when you say respond to the plaintiff, do you mean every point by point argument he put forth? Or can I just respond to the BS. as a whole? Because if I quote the case law stating his affidavit can not be considered evidence when the judge considers the motion, it shoots down about 75% of his response.
I want to get it right, but I also want to keep it brief and to the point.
I was afraid of that.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).