Legal Question in Civil Litigation in California
motion definition
I'm being sued and the suit is totally without merit. All allegations are disputed. Which is the correct motion to file to ask the court to dismiss, a motion for summary adjudication or summary judgment?
2 Answers from Attorneys
Re: motion definition
All the above, in proper sequence. Saying something doesn't make it true, or provable. To succeed, you'll have to properly and effectively prepare the proper motions, with proper admissible evidence, following proper procedures, etc. If you're willing to become fully educated in court law and motion rules, procedures, evidence requirements, etc., then you could be capable of doing it yourself. Otherwise, hire counsel. You only get one shot at this, so done inadequately, you're shooting yourself in the foot. Feel free to contact me if serious about getting legal help, if the case is in SoCal courts.
Re: motion definition
If material facts are disputed, a motion for summary judgment/adjudication will not work. The matter either would have to be settled or go to trial.