Legal Question in Real Estate Law in California
Summary Judgment
My realtor, broker and myself have been named in a unmeritorious or frivolous claim lawsuit relating to a manufactured home I sold five months ago. It was triggered by my treat to go to small claims court to recover personal property that was not included in the sale which includes all major appliances and a car that was left behind. One and the major allegation of the lawsuit is that there was not a permanent foundation in the property when in actuallty there is one and is certified by the Riverside county. All other allegations are very minor can could have been covered by the homeowner's policy if they do so exist which I doubt very seriously. I am wondering if I can put a motion of summary judgment to have this lawsuit dismiss? I do not have the money for any sort of litigation and there is no merit or foundation to this lawsuit. Thank you.
2 Answers from Attorneys
Re: Summary Judgment
If you have no money, they cannot recover anything from you. You can't get blood from a stone. OTOH, your broker and agent probably will hire an attorney. You can ask if that attorney can represent you, also. If they agree, you will have to sign a written waiver of a potential conflict of interest.
Mr. Selik is correct that you must answer and wait 60 days before filing summary judgment. That motion can be granted only if there is no dispute about the facts and you are entitled to judgment as a matter of law. Since there seem to be many facts in dispute, summary judgment won't be granted. You will have to go to trial.
Re: Summary Judgment
cannot bring summary judgement within 60 days of answer. Will have to answer, do some litigation and then summary judgment on the part if can show no factual dispute on any or all issues.
JOEL SELIK
www.seliklaw.com
Real Estate Broker/Attorney
800-894-2889
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