Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I want to respond correctly to a motion for summary

Customer Question
judgment. The rules state that...
I want to respond correctly to a motion for summary judgment. The rules state that I must indicate in my response which statements I disagree with and give the basis for the disagreement. Many of my opponents "facts" are irrelevant but technically wrong. Even though they are not material, I feel like I should correct the record. I do not want the court to look at my response as nit picking. What is your advice? Example. Fact 1. The owner of the property is "Jones". Controverting fact: The owner of the property is not "Jones" . The owner of the property is The Jones Family Trust and the only living Trustee is ***** ***** who is 95 years old and does not live in this state.
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
The case is in Arizona.
Answered in 1 hour by:
3/24/2017
Lawyer: Richard - Bizlaw, Attorney replied 1 year ago
Richard - Bizlaw
Category: Landlord-Tenant
Satisfied Customers: 10,841
Experience: Commercial and residential leases in NY & NJ & US
Verified

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

A motion for summary judgment is based on the assertion that the undisputed facts require that judgment be entered as a matter of law in favor of the moving party. If any material fact is disputed the motion must be denied. In your example, your answer is proper. Any fact assertion that is not correct, no matter how minor should be challenged to show that it is not correct and what the correct version of the facts is. Your countervailing version of the facts puts the asserted fact in dispute. The court will ultimately determine what is a material fact on the motion so you want to contest all facts not just those you think are material.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard - Bizlaw Your Own Question
Richard - Bizlaw
Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,841
10,841 Satisfied Customers
Experience: Commercial and residential leases in NY & NJ & US

Richard - Bizlaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I have a tenant question. How much would a consultation with
Hi I have a tenant question. How much would a consultation with an attorney be? Thanks … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My former friend retired and moved to another state 8 years
My former friend retired and moved to another state 8 years ago. There was an antique bed she did not want to take wither … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,467 satisfied customers
I had an oral argument defending against a motion for
I had an oral argument defending against a motion for summary judgment. During the argument, I presented evidence that I filed only the evening prior to the hearing. The evidence was from a handwritin… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I have been frivolously sued by an x-tenant in civil court
I have been frivolously sued by an x-tenant in civil court to return his security deposit although he caused extensive damages to the property he rented. All of the tenant's rent and security deposit … read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
I was served with a motion for summary judgment. In the MSJ
I was served with a motion for summary judgment. In the MSJ the opponent does not mention my counterclaim. If the court grants motion for MSJ. What happens to my counterclaim? Do I need to address any… read more
Richard - Bizlaw
Richard - Bizlaw
Attorney
Juris Doctor
10,841 satisfied customers
If a landlord has s property under s Living trust, is
If a landlord has his property under his Living trust, is illegal to have on the lease contract only under his name and not the living trust, even know the fact he is the trustee?… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,218 satisfied customers
This question is. I own a 50 % interest in a commercial
This question is for Barrister.I own a 50 % interest in a commercial rental property in Nebraska.A tenant had used a portion of the property as a dump which was not legal and also a violation of the l… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Am a tenant at will have lived in family home gor 48yrs home is in a t
Am a tenant at will have lived in family home gor 48yrs home is in a trust & also in probate trustee of trust filed unlawful detainer & I lost today. Asked for stay until probate determined & trustees… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am just in the process of selling my 6 unit apartment building...my
I am just in the process of selling my 6 unit apartment building...my husband passed away in 2011 and I am the his wife and the trustee...my husband signed a contract in 1983 for this building leasing… read more
Richard - Bizlaw
Richard - Bizlaw
Attorney
Juris Doctor
10,841 satisfied customers
Will it help it my friend had the residents at the property
Will it help it my friend had the residents at the property were the fight happen and the residents in the building where he lives sign a petition that says he did not do anything that threatens the h… read more
socrateaser
socrateaser
1,031 satisfied customers
Unlawful Detainer Defendant with a PTFA lease did not answer
Unlawful Detainer Defendant with a PTFA lease did not answer admissions in a timely manner. Plaintiff (a bank) had Answers Deemed Admitted by judge. In the terminating sanctions hearing, the judge did… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
We rented a home in Arizona, which unbeknown to us was going
We rented a home in Arizona, which unbeknown to us was going down the path to foreclosure. I found a Notice of Trustee's Sales dated 4/18/13 with a sale date of 8/6/13. The lease was signed by the lan… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
A foul odor, like that of a dead animal, invaded a room in
A foul odor, like that of a dead animal, invaded a room in my apartment 1 week ago. It is impossible to use that room and when the heat runs the smell is invading other rooms. I've asked the on site m… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
FOR Troy7141 ONLY PLEASE: Can a living trust own a Limited
FOR Troy7141 ONLY PLEASE: Can a living trust own a Limited Liability Company (LLC)? please advise the steps to make a living trust to own an LLC and LLC will own all rental properties. The trust and L… read more
Thomas McJD
Thomas McJD
Lawyer
Doctoral Degree
46 satisfied customers
To Socrates:Continued Answer to Unlawful DetainerThe
To Socrates: Continued Answer to Unlawful Detainer The rent increase notice itself was not proper. Do I demurrer the notice and subsequent 3 day quit notice? Or deny it as part of 2b(1)? And I don't n… read more
socrateaser
socrateaser
1,031 satisfied customers
An unlawful detainer was filed on a property held in a trust.
An unlawful detainer was filed on a property held in a trust. The attorney has now quit the case. Do I understand correctly that she must hire a new attorney since property is in a trust? Also if we t… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
It looks likely that the landlord/tenant matter is proceeding
It looks likely that the landlord/tenant matter is proceeding to court. I've already offered to settle the matter by mediation, which has been refused, and I shall refer to such refusal on the matter … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I recently won a judgement against my landlord for the return
I recently won a judgement against my landlord for the return of my 1600.00 deposit. She had 30 days to pay and did not do so. I undertand I can put a lien against her property but on the countyn asse… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x