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Recent Affidavit questions

2) You also stated, excerpt" it's within the courts judgment

2) You also stated, excerpt " it's within the courts judgment whether the affiant's statements are unsupported " I am under the impression that once a properly supported motion for summary judgment is made, the opposing party may not rest on mere allegations or denials to oppose the motion. The non-moving party has an affirmative duty to set forth specific "facts" to demonstrate that there is a genuine issue to be resolved at trial. I don't see an affidavit as a fact by itself. Is there anything else I can say that would help my motion?

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John

Attorney

Doctoral Degree

8,098 satisfied customers
Very short background is I've submitted a motion for summary

Very short background is I've submitted a motion for summary judgment (as defendant in breach of contract case) and I've received an objection.My understanding of summary judgment is the judge will rule on only files recorded with the case, the motion, objection, and any testimony or arguments at the hearing.If the only evidence that the non moving party (Plaintiff) presents is a sworn statement by the plaintiff, shouldn't the judge decide in favor of the moving party? I say this because the affidavit should be considered hearsay and the non moving party provided no evidence to backup their claims.

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John

Attorney

Doctoral Degree

8,098 satisfied customers
Second opinion] A not for profit organization to which I

Second opinion] A not for profit organization to which I belong awarded a college student a $1600 scholarship. The awardee advised us that she lost the check and or did not receive it. However, the original check was endorsed presented for payment and Chase honored it. The awardee claimed she never endorsed or cashed it. We then issued her a new check and filed a claim with Chase Bank. Chase will reimburse us the funds if it receives a notarized affidavit from the awardee that she has no knowledge of the fraudulent transaction, she did not endorse and or cash the check, she has no knowledge of anyone who did. Despite our request for same and several letters, the awardee has not signed the affidavit and the not for profit is out of $1600. What recourse do we have against her.

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Best Attorney

Attorney and Counselor at Law

Juris Doctor

36 satisfied customers
A not for profit organization to which I belong awarded a

A not for profit organization to which I belong awarded a college student a $1600 scholarship. The awardee advised us that she lost the check and or did not receive it. However, the original check was endorsed presented for payment and Chase honored it. The awardee claimed she never endorsed or cashed it. We then issued her a new check and filed a claim with Chase Bank. Chase will reimburse us the funds if it receives a notarized affidavit from the awardee that she has no knowledge of the fraudulent transaction, she did not endorse and or cash the check, she has no knowledge of anyone who did. Despite our request for same and several letters, the awardee has not signed the affidavit and the not for profit is out of $1600. What recourse do we have against her.

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INFOLAWYER

Attorney

Juris Doctor.

39,218 satisfied customers
Do I have to accept a summons from a process server, or can

Do I have to accept a summons from a process server, or can I reject it? When people walk up to me asking my name I usually never answer or say wrong person. Can I reject it or not answer who I am or say it's not your business who I am?

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Ely

Counselor at Law

Juris Doctor

67,218 satisfied customers
Lucy, Do you ever come across cases where the defendant

Lucy,Do you ever come across cases where the defendant tries to make you prove the case during the pleadings stage?

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Lucy, Esq.

Juris Doctor

32,016 satisfied customers
Motion to Vacate Default Judgement On 11-23 I filed this

Motion to Vacate Default JudgementOn 11-23 I filed this motion. It was within 30 days of the judgement. It has not been heard by a judge yet.The plaintiff has continued with collections. They have sent a Notice of Right for Exemptions.My question its, can they continue collections if the Motion to Vacate Default Judgement has been filed?Thanks, Kelly

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RayAnswers

Lawyer

Doctoral Degree

39,136 satisfied customers
We have talked before and its about the same subject. You

We have talked before and its about the same subject. You stated when they file a motion to compel that I would have to attach a affidavit.What would be on that affidavit that I would file?Also if they file a motion to compel. Would it be a brief or infront of a judge.

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Richard - Bizlaw

Juris Doctor

10,576 satisfied customers
What California CCP or Rule of Court says that an Answer to

What California CCP or Rule of Court says that an Answer to an Amended Complaint moots answer to original complaint?

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Richard - Bizlaw

Juris Doctor

10,576 satisfied customers
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