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I have a breach of contract action in progress that requires…

second opinion] I have a...
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made counterclaim for reformation. Since the two claims are inseparable and mutually exclusive should a motion for Summary judgement on the declaratory judgement claim be combined with a motion for Summary judgement on the counterclaim for reformation? Or are these two separate motions?
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Answered in 18 minutes by:
9/26/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,956
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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You can ask for a partial summary judgment on the issues you believe there are no material issues in dispute about. The court can hear summary judgment on both issues and can issue summary judgment partially on one issue or on both issues. If there is one complaint or suit filed, it would be one summary judgment action, not two separate summary judgment actions.

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Customer reply replied 9 months ago
Not the question. One is on plaintiffs claim. Other is on defendant's counterclaim. Two actions.

Thank you for your reply and for clearing up what you meant.

Both the summary judgment on the claim and the summary judgment on counterclaim are heard at the same time and it is generally done as a motion for summary judgment, then an objection to summary judgment and counter motion for summary judgment (which can be one document) then the objection to counter motion for summary judgment.

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It is still handled all in one action and the judge can grant summary judgment on one and not the other or can deny all the summary judgments or can partially grant them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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