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Another FRCP question. Opposing party has an arithmetic

error in their pleadings regarding...
Another FRCP question. Opposing party has an arithmetic error in their pleadings regarding the amount in dispute. This creates a false appearance of a fact in dispute and is being done in attempt to avoid summary judgement. The party refuses to correct the error it has intentionally wrongfully put before the court. How should this be handled?
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Answered in 11 minutes by:
9/17/2017
socrateaser
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Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California and federal law.

On summary judgment, you can state in an affidavit something like: "Using the Microsoft Excel® software application, I created a spreadsheet and entered the calculations alleged by plaintiff in its statement of facts in dispute. The resulting output from the spreadsheet shows that plaintiff's result is mathematically incorrect -- and that the actual result is: $1,234.56."

Then you argue in your memorandum that when viewed in the light most favorable to the non-moving party, there is no genuine dispute as to the material fact, and thus you are entitled to judgment as a matter of law.

Note: The answer you received from another contributor re motions in limine vs. summary judgment, is incorrect.

“(M)otions in limine should not be used to resolve factual disputes, which remains the function of a motion for summary judgment, with its accompanying and crucial procedural safeguards.” Louzon v. Ford Motor Co., 718 F.3d 556, 561-562 (6th Cir. 2013) (emphasis and internal quotes omitted) (nonevidentiary matters not properly raised or decided by motion in limine).

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Note: The answer that you received from another contributor re motions in limine vis-a-vis summary judgment is (IMHO) incorrect. To wit:

“(M)otions in limine should not be used to resolve factual disputes, which remains the function of a motion for summary judgment, with its accompanying and crucial procedural safeguards.” Louzon v. Ford Motor Co., 718 F.3d 556, 561-562 (6th Cir. 2013) (emphasis and internal quotes omitted).

If you need more personal attention than can be provided in this public forum, I can arrange to send you an offer of direct correspondence, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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