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Recent Summary Judgment questions

I am being sued for conversion, but plaintiff has not proven

I am being sued for conversion, but plaintiff has not proven conversion. He is claiming that I had a duty to ship his belongings that he left behind. I'm saying he could have picked it up and I kept it safe for him for 2.5 months.Do you have to supply points and authorities for the opposition to a Request for Summary Judgment?If the answer is yes, can I just supply the same points and authorities since he is interpreting it wrong and I am interpreting it correctly?

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Me ex boyfriend is suing me for tort and conversion because

Me ex boyfriend is suing me for tort and conversion because I refused to ship his belongings, specifically his hard drives, to him. He has not cooperated with my discovery at all, I cooperated completely with his. So he filed a request for summary judgment based completely on my RFAs and a short declaration on his part.I just finished my opposition to the RSJ, but what is clear to me after doing it is that there is just no cause of action here. I refused to ship his stuff, but I kept it safe for 2 and 1/2 months and told him to come get it if he wanted it. I don't even need any discovery, really. I want the Judge to agree with me that there is no cause of action.(His case did survive a demurrer.) Is there a way to do that? Do I file something different? or in my opposition to the summary judgment, is it okay to point out that there is not really a cause of action here at all and hope the case is dismissed?

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37,824 satisfied customers
Summary Judgment granted against Defendants in civil circuit

Summary Judgment granted against Defendants in civil circuit court, Kentucky. What now? Judge doesn't seem to like pro se defendants. Complaint filed, Answered, Motion for SJ with Affidavit; Response; Reply by Defendant; Reply to Response to Plaintiff's Reply - stricken by judge; Re-noticed to Amend Response - judge ruled even though it's on the docket to be heard on Monday.... what now?Daughter owns house; dad sold it to her in 2006 with verbal agreement; daughter never paid any mortgage nor utilities nor maintained it; Dad filed a Prelien notice then a Mechanics' lien to prevent sale of house; she filed complaint in civil circuit saying Dad filed false and malicious mechanics' lien and his girlfriend acted as an accomplish by impersonating Plaintiff.

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Dwayne B.

Juris Doctor

35,284 satisfied customers
My house is at the end of foreclosure. The judge has already

My house is at the end of foreclosure. The judge has already stated he has decided to grant the Motion for Summary Judgment. He has ordered the bank's attorney to submit the "facts and conclusions of law" in 21 days or sooner. the attorney is to then mail me a copy, and 6 days later, I must have my facts and conclusions of law back to the attorney to submit both documents to judge's chambers. It is obvious that the attorney will wait out the full 21 days before he mails his copy to me. It is a weekend...I will get that copy (at the EARLIEST) 2 1/2 days before I fax my facts and ...law back to the attorney...I can't possibly do it that short amount of time. I have no clue even HOW to do this...there are 11 days left to DAY 21...my question is: Could I hire an attorney or paralegal to write me up a sample "facts and conclusions of law for my state (Illinois)...I could email or deliver by hand the pertinent documents filed in the case..??? Or must the attorney take the case, enter his appearance, etc.etc.???

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LegalKnowledge

Juris Doctor

29,660 satisfied customers
Have a simple case. A minor investor back in 2008 lost 80k

Have a simple case. A minor investor back in 2008 lost 80k in my private equity firm, which ultimately failed. He is a Harvard grad AND WAS WORKING FOR ANOTHER PE firm at the time.Then, foolishly, I gifted him equity in my next company - in fl, but incorporated in de. LLC structure BUT he never provided any consideration in co #2.Suing me for 200k. Thoughts?

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CalAttorney2

Attorney

Doctoral Degree

19,390 satisfied customers
I am representing myself Pro Se in a breach of contract

I am representing myself Pro Se in a breach of contract civil case. Originally the defendant was also representing himself Pro Se, and actually filed his signed answer to the complaint with the court. The judge issued a Scheduling Order, advised both of us to get a lawyer, and gave us both until Sept. 18th, 2015 to add third parties or file amended motions. On Sept. 18th an attorney for the defendant filed his Entry of Appearance, filed a Motion to Amend Answer, Motion to Assert Affirmative Defenses, and a Motion to File Counterclaim. The judge allowed it. In the defendant's original answer he admitted 15 of the 19 allegations. In his amended complaint he denied 18 of the 19 allegations. I filed a Motion for a Partial Judgment on the Pleadings based on the defendant's Original Answer to Complaint and a Motion to Strike Defendant's Affirmative Defenses and Counterclaim, but the judge denied it. We proceeded to Discovery. I filed my list of expert witnesses and propounded my Interrogatories, Requests for Admission and Production of Documents. The defendant requested no discovery, nor did he respond to my discovery requests. I filed a Motion to Compel, which the judge granted. He gave the defendant 30 days to respond. Time was up on June 18th (Saturday) so the defendant had until 5 p.m. on Monday to file. Nothing was filed on Monday. On Wednesday, the 22nd, the defendant's attorney faxed a Notice of Service of Discovery Responses (dated June 20th) to the Court, along with the defendant's Answer to Requests for Admission. On Thursday, when I still hadn't heard from the defendant, I went to the clerk's office to see if anything had been filed. That's when I discovered that the Notice of Service and Answer to Request for Admissions had been faxed to the court. The clerk gave me a copy of a letter that was sent to the defendant's attorney advising him the clerk's office was unable to accept or time stamp faxed paperwork and that he would either have to mail in his documentation or file it in person, which the attorney did on June 22. I requested a copy of the General Docket. It was then I discovered that the attorney had also faxed his Entry of Appearance, Motion to Amend, Motion to Assert Affirmative Defenses and Motion to File Counterclaim on September 18, 2015 and then actually filed it three days later. The Entry of Appearance, Motion to Amend Answer, Motion to Assert Affirmative Defenses and Motion to File Counterclaim are all time stamped Sept. 21. (3 days late). At this point I am wondering if anything that's been filed by the defendant other than his original Answer to Complaint is even legal? Not only has the defendant not obeyed court ordered discovery (Not one of 81 document requests produced; responses to Interrogatories perfunctory, deficient and providing no substantive information ), his Answer to Request for Admissions is untimely, therefore deemed admitted, I'm not even sure if he is legally represented.Your thoughts?

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Dwayne B.

Juris Doctor

35,284 satisfied customers
Looking for someone with trial experience what is the

Looking for someone with trial experiencewhat is the difference between the complaint and the pretrial brief and the arguments made in the trial? Is there any information or arguments that should be withheld from the complaint and saved for the pretrial brief for the judge for strategic reasons? In other words is it ok for the lawyer to basically make all the arguments that will be made in the trial also in the complaint or is there some way to surprise the other side or give them less time to propare? Does the other side get a copy of the pretrial brief? This matter will probably be in federal court.

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DrakeLAW

Juris Doctorate

520 satisfied customers
This question is Esq ONLY. Mr., Kansas medical malpractice

This question is for William B Esq ONLY.Mr. B, Kansas medical malpractice here again. Thought I'd catch you up on things, plus I have a few questions with which I'm hoping you can help me.Since I last wrote I've filed a couple of motions and filled out my Pretrial Questionnaire. I told you I thought I would appeal the denial of my request a screening panel be assembled, but decided you're right that it would be a very long shot, especially since the Rules of the Supreme Court plainly state I had very limited time to request a panel and not only is that time long past, but I, in my ignorance, asked the court to deny my earlier motion to assemble a panel. So I'm forgetting about that.Once my request for the screening panel was denied, I made a motion to be allowed to move ahead proving malpractice without expert testimony. The court told me it was too early to rule on that, that question would ripen later, or something like that.Then I did some more reading and made a motion asking the court to appoint an expert, but with my being responsible for paying him/her. Remember, my difficulty was I could not FIND an expert; couldn't even get one to answer my letters / emails of enquiry. I thought I made a good argument, noting that both Fed. R. Evid. 706(a) and D. Kan. Rule 26.4(a) provided for court appointed experts. I pointed out (I hope correctly) that D. Kan. Rule 26.4(a) was particularly significant since the federal courts follow state laws and procedures when a diversity suit calls a particular state's law into the federal court, that therefore the existence of D. Kan. Rule 26.4(a) was proof the feds believed its substance did not violate Kansas rules. One of the defense lawyers said he'd never heard of either of these federal rules and appreciated learning of them. All agreed nothing in KS rules prohibited the court appointment. But the judge ruled that since nothing in the KS rules specifically empowered him to appoint an expert he was not going to do it. Since the most basic function of the courts is to hear cases, not to dismiss them (I came across a case which included the quote, “the courts do not favor default judgments,” then went on to point out that hearing the facts was the first responsibility; now there was sound reasoning), I thought the dismissal was a chickenshit move, but one that certainly showed me the handwriting on the wall. Still, until at least one cow comes home…Also, in my preparation for my Pretrial Questionnaire, I came across a statute I wish I'd known about earlier, like when I was first filing my Petition. Turns out, Kansas holds pharmacists responsible for examining each patient's prescription profile before filling a new prescription; this, to assure no adverse interactions are known, the legacy drugs with the new ‘script. AND pharmacists are not protected by the no-vicarious-liability law with which KS shields MDs, DOs, APRNs, etc. BINGO! Now I can have two payable issues, perhaps with two insurers instead of only the one I now have! I point this out and make a motion to amend my (already-once-amended) Petition. Nope, the judge says it's too late. I kind of have to agree he's got a point: it's been more than three years now since the event and my only excuse is that I'm an ignoramus. So no-go there.So, as things now stand the defense has until August 12 to submit their Motions for Summary Judgments, and I have until September 2 to respond. The hearing is scheduled for 9/28.The judge then asked me if I had anything in place of expert testimony, viz., “learned treatises, articles on subject, etc.” I reminded him I'd tried to get fluticasone propionate's in-package warnings and instructions judicially noticed, ditto for the FDA's consumer info, but had been refused. Twice. I'd gotten the impression I could forget the “learned treatises” exception to the hearsay rules. Now I think I'd better write up a list of maybe a dozen or so and just amend my Pretrial Questionnaire to include those among my exhibits; what do you think?Also, assuming the court won't judicially notice these things, can I have them on hand at trial and use them to question defense witnesses? I've noticed what seems a special treatment given to exhibits, witnesses, etc. used in rebuttal. Is this maybe the way to work these things in?I've got other things I'll want to ask, but have to run now. Please start with this stuff.Thank you.

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CalAttorney2

Attorney

Doctoral Degree

19,390 satisfied customers
Consumer Legal Question I am being sued by a collection

Consumer Legal QuestionI am being sued by a collection agency for a Credit Card default, approximately $5,300, Best Buy.I stopped paying due to the business closing and not getting return calls from Best Buy concerning product and service quality. The balance was approximately $3,300 at the time I stopped paying.I have already been served by the collection agency through the court and responded by requesting supporting documentation.I now have been served a summons to meet with them in court, in front of a judge.Am I able to handle this case and if so, what should I bring to support my position?Should I get an attorney to assist?thank you,Les

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Dwayne B.

Juris Doctor

35,284 satisfied customers
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