Legal Question in Personal Injury in California

If a defense motion for summary judgment is successful it is the same as if there was a trial and the plaintiff lost. The defendant then gets to recover their costs. Unless there is a contract providing for attorneys fees, or the case was brought under a statute that provides for recovery of attorneys fees, however, attorneys fees are NOT included in costs. Costs are things like filing fees and other out of pocket expenses of the case. As for how likely it is the court will do this, it is not optional once the defendant wins. The judge must award costs. I have no idea, however, whether you would lose the summary judgment motion or not. However, if you don't hire an attorney to respond to it, the chances of losing are very very good. Summary Judgment motions are not the place for amateur lawyering.

Odds are you won't be able to figure out how to respond to the summary judgment motion, the rules are complex, you'll lose, and you'll get 0. But obviously this case isn't important to you.

Yes, the defense can recover certain costs described by statute if they prevail on a motion for summary judgment. But, if the case is an auto accident case, and you have any admissible evidence that the defendant was at fault to any degree, you can defeat the motion for summary judgment. If you handle it correctly, you can also get costs for having to respond to a frivilous motion. See CCP section 128.7. Unfortunately, the statute is sometimes considered an illusory deterrent to frivilous motions, and not enforced. You are better off at this juncture by writing to the defense attorney memorializing the threat and advising that the threatened conduct is an unfair tactic. You then have a better chance of prevailing on your request for costs. You should also advise the attorney that you are reporting the conduct to the State Bar, and follow through on your threat to do so. Failure to follow through is also conduct which is unfair, and sanctionable.

They are trying to pressure you, I presume because you are unrepresented? If I come in as counsel, I may be able to increase the offer, or if not, help you with the SJM.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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