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Recent Summary Judgment questions

Is there a cause of action that you know of off hand where a

Is there a cause of action that you know of off hand where a plaintiff files a lawsuit that he knows is frivolous and a misrepresentation of the facts, just to try to squeeze money out of someone? (The lawsuit has already survived a demurrer, but I believe the Court will see that he misrepresented facts on purpose and knew he did not have a lawsuit.)Thanks.

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TJ, Esq.

Juris Doctor (JD)

10,642 satisfied customers
Claimant in a Civil Suit. I am preparing a Disposition

I am Pro Se Claimant in a Civil Suit. I am preparing a Disposition Motion that I will address Respondent did not follow the Operating Agreement which references Title 26 "Distribution of Shares" and attempted to purchase my 50% share of the company with money from my Reattained Earning which I had paid taxes on in previous years. What is the best way to proceed?

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TJ, Esq.

Juris Doctor (JD)

10,642 satisfied customers
In pleadings, and specifically an opposition to a Request

In pleadings, and specifically an opposition to a Request for Summary Judgment, what is the court's view of italics, bolting, or underlining for emphasis? (Such as in a declaration.) thanks

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Ray

Lawyer

Doctoral Degree

35,266 satisfied customers
FOR OLIVIA (continued) So it would be better to say

FOR OLIVIA(continued)So it would be better to say "undisputed" about the money he has made, and in my declaration talk about him being a ne-er do well (without seeming bitter) and then in my ARGUMENT--OPPOSITION TO SUMMARY JUDGMENT explain why his history of spotty unemployment and instability should be considered in determining whether he meets the cause of action.I know I am not giving you enough info, but my question is primarily about formatting. Thanks.

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Olivia Kent

Managing Partner

Law

1,756 satisfied customers
I'm filing an Opposition to a Request for Summary Judgment,

I'm filing an Opposition to a Request for Summary Judgment, but my very clever law student ex-boyfriend Plaintiff has not cooperated AT ALL with discovery, so most of my evidence is emails between us, texts between us, and evidence already admitted (which is his, but which I can use against him.)I know you think I can't do this! I think I can! I can't find an attorney in town to do it anyway!I'm finally getting the hang of this. My question is -- what will the Judge actually read? Will he start with my statement (the two columns, yes I know) or my Memorandum of Points and Authorities or what? Will he read my entire declaration?Also, can I say and prove that he has not cooperated with discovery, as an additional reason to deny the RSJ?I know it is an impossible question. I do understand and know the basics of how to do this. I've been working on it for a week after work. I'm just trying to understand not just how to legally write it, but how to craft it. I understand now that the RSJ and the ORSJ are both for the convenience of the Judge. I'd appreciate it if you would say a bit more about how to craft this though to win. Thanks.

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Olivia Kent

Managing Partner

Law

1,756 satisfied customers
I am a Pro Per Plaintiff in a civil med mal case in CA.

I am a Pro Per Plaintiff in a civil med mal case in CA. Highly unusual, I know, but with the caps on pain & suffering and loss of consortium, most attorneys are hestitant to assume the costs of the case despite its merits. I have been consulting with an attorney to be sure the case stays on track. She is presently out of state and not conveniently available, which is why I am posting my question here. Until my fee waiver is decided by the court, I obviously want to keep costs down where possible. In the meantime, I have a Motion For Summary Judgement by the Defendants to file an opposition to. So I have 2 questions:Q1. Can I choose NOT to attach Exhibits to my opposition and instead simply refer to the Defendants' Exhibits. They are all photocopies of the exact same records I would be attaching in my own response so it seems like a waste of money (several hundred dollars) to submit copies of the same Exhibits if I can refer to the Defendants' copies.Q2. With my opposition, I am considering filing a cross motion for my own MFSJ (using words like "despite the material facts in dispute" and "in the interest of judicial economy") to request that the Court rule on the pain & suffering and loss of consortium. This is not a case requiring a medical expert but is instead of pretty clear case of inference (records confirm a life threatening medical condition existed. Records show the hospital staff made the condition worse, then discharged me anyway. Records confirm I had to be hospitalized in ICU for another week at a different facility within hours of that discharge. And records show an additional year of suffering in order to heal physically and emotionally).So there you have it. A brief synopsis. What's your advice?

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Phillips Esq.

Attorney

Juris Doctor

17,990 satisfied customers
I am being sued by a credit union for failing to make a

I am being sued by a credit union for failing to make a payment for a short sale on a motor home. They loaned me approx. $20k on an unsecured note for 8 years. I simply got tired of paying it but they sent $20k of my money for the down payment on a piece of property in another state as part of a three way trade deal when I originally bought the motorhome and then decided they would not loan on the out-of-state property after they had wired my money for the down payment. Needless to say I lost they $20k so by me refusing to pay for the motorhome short sell after they made me make payments on it for years they of course are suing me. What are my options?

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TJ, Esq.

Juris Doctor (JD)

10,642 satisfied customers
Can you help me respond to a motion for summary judgement?

can you help me respond to a motion for summary judgement?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Yes

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Dwayne B.

Juris Doctor

35,356 satisfied customers
In an Unlawful Detainer case in California, Plaintiff filed

In an Unlawful Detainer case in California, Plaintiff filed Motion for Summary Judgement (MSJ). I had been on East coast with ill father so requested Ex Parte hearing for more time to file Opposition to Summary Judgement. Court clerks made Ex Parte hearing on same day and time as hearing for MSJ, obviously could not attend both and was told to attend MSJ hearing only. Clerk also wrote (they require communication to be via email) that judge could not consider Opposition the day before hearing (not true in UD case) so I didn't file it but brought it with me to hearing, some exhibits/evidence therein being either on record or previously exchanged between plaintiff's counsel and myself (defendant, in pro per). Plaintiff opposed admittance of any written evidence claiming she had not seen it (not true) and judge took it under submission without ruling at the hearing. 2 days later I filed Opposition to Summary Judgement but was an hour after judge ruled in favor of MSJ, as matter of law, not merit. What is my quickest & best recourse AND what are the matters of law that support it (e.g. CCP, Rules of Court, etc.)

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,732 satisfied customers
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