Legal Question in Civil Litigation in California

Civil Procedure
I am an In Pro Per Plaintiff and I filed a Breach of Contract complaint in limited civil court. I was successful in obtaining a motion for summary adjudication; however, I have outdone myself procedurally by not specifically requesting this as an alternative to a summary judgment....my docs only requested summary adjudication...per legal aide the two were synonymous; so I thought........trial date is set less than 75 days out..so my question is whether I should go ex parte request order shortening time to serve and have motion for summary jdgmnt heard or prepare for trial allbeit that the cause of action has already been adjudicated?

Asked on 11/14/08, 4:27 pm

3 Answers from Attorneys

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Re: Civil Procedure

If there is only a single cause of action and you were successful on your motion for summary adjudication you may still have an issue as to whether you proved up damages in your motion. If damages were proven in your motion then theoretically you can have judgment entered.

If damages were not proven but the cause of action was determined in your favor then I would expect that you would have to prove up your damages with the Court.

You should probably have an attorney review the ruling on the MSAI.

J. Caleb Donner

DONNER & DONNER

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Answered on 11/14/08, 5:09 pm

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