Legal Question in Civil Litigation in California
Motion for summary judgement
I filed suit against multiple defendants in February of this year. One of the defendants filed a Motion for Summary Judgement to be dismissed from the case. I have to prepare and give a detailed, intensive and expensive response to the motion by late November.
Last month (September) some plaintiffs with grievances similar to mine against the same defendants filed a motion along with me to combine our cases into a new suit. The Court granted our motion and a new trial date was set.
My question is, since there will be a new case along with a new trial, etc. can I have the Motion for Summary Judgment which has been entered against me in my original case dismissed because the case itself is to be dismissed?
2 Answers from Attorneys
Re: Motion for summary judgement
It appears to me that you're not dismissing the case. You're merely either relating it or consolidating it with the others. If you dismiss, you might have statute of limitation problems. You should review your options with an attorney. You might also call the clerk of the new courtroom to determine whether the summary judgment motion remains on calendar.
Re: Motion for summary judgement
I agree with Mr. Cohen that it sounds like what is happening is a consolidation and/or coordination of cases and that the summary judgment motion is likely still on calendar and demands a response. That is a fairly complicated motion with special response requirements. Unless the order relating to putting the cases together says something different, the summary judgment motion appears to be moving forward independently and requires your immediate attention. If you are not familiar with the requirements for response to that motion, please consult an attorney.
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