Legal Question in Administrative Law in California
Filing an opposition to summary judgement
I am a plaintiff in pro per who have filed a lawsuit against two defendants in a civil case. My condominium unit suffered heavy damages of over $30,000 as a result of lots of water coming into my unit from the unit above. One of the defendant's attorney has filed a motion for summary judgment. He has argued that the owner upstairs whose condo caused the flooding that caused extensive damage to my unit is not responsible for the water damage incident. He has argued that the owner�s girl friend is responsible as it was the girl friend who flooded the unit and caused damages to my unit and not the owner.
I want to file an opposition to the motion of summary judgment. Where can I find supporting arguments to show that the owner is responsible. My discovery shows that the girl friend was allowed to live in the owner�s unit, that the girl friend used the owner�s unit to stage damages against my unit, and the owner should be responsible.
I appreciate your information and time.
1 Answer from Attorneys
Re: Filing an opposition to summary judgement
Opposing counsel should lose on his motion because the owner of a unit is responsible for what happens in that unit. The girlfriend has greater responsibility but they would probably be found jointly liable so that would not matter. Your complaint should be alleging the proper cause of action against the owner as owner. You probably need to have a lawyer quickly look over the facts and give you guideance.
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