Legal Question in Civil Litigation in California
''violation of California Rule of Court 342 for filing motion for summary judgme
what is the jurisdiction of the court to grant a motion to dismiss without prejudice for a moving party's failure to comply with procedural requirements under rule 342 for filing summary judgment motion? I need to cite authority of the court to grant motion to dismiss without prejudice?
Asked on 1/11/01, 2:29 pm
1 Answer from Attorneys
Ken Koury
Kenneth P. Koury, Esq.
Re: ''violation of California Rule of Court 342 for filing motion for summary ju
It would be an abuse of discretion for court to dismiss the case under those circumstances. However, failure to follow that rule of court would be grounds to deny the summary judgment motion.
Answered on 1/29/01, 2:37 pm