Legal Question in Civil Litigation in California
Certificate of Summary Judgement
I recieved a copy of a Certificate of Summary Judgement. What are my options? I do not know if this means I already have a judgement against me or if I have time to stop this from happening. I really hope someone can help me.
2 Answers from Attorneys
Re: Certificate of Summary Judgement
I am not sure what you mean by a "certificate" of summary judgment, but it matters little. You either have an order or ruling granting summary judgment, which would mean that entry of the actual judgment is a mere formality, or you already have the judgment.
If you have only an order or ruling, you might be able to bring a Motion for Reconsideration. Such motions have very strict deadlines and criteria, however, and are rarely successful.
Your real remedy is to appeal the judgment. The appellate court will review the summary judgment de novo, which means in essence that you get a true second shot at demonstrating a triable issue of fact or addressing questions of law. Appeals are also governed by strict deadlines, and so it is vital that you take steps immediately to preserve your right to appeal.
I am a certified appellate specialist with offices in Los Angeles and Santa Barbara; I practice in the appellate courts throughout the state, including San Diego. Please contact my office if you are interested in a consultation.
More information about my practice and about appellate law can be found at www.foxappeals.com
Re: Certificate of Summary Judgement
It means you already have a judgment against you. It is probably too late to do anything about it, unless you want to appeal, which will cost you a lot of money. You may want to consider other options like bankruptcy.