ADSOFT Posted May 1, 2010 Report Share Posted May 1, 2010 I was wondering if the defendent could file more than on MSJ as evidence is provided or failure to be provided? Link to comment Share on other sites More sharing options...
Jaknik Posted May 1, 2010 Report Share Posted May 1, 2010 I was wondering if the defendent could file more than on MSJ as evidence is provided or failure to be provided?---------------Before, after, and during the presentations in the trial....... Link to comment Share on other sites More sharing options...
nascar Posted May 1, 2010 Report Share Posted May 1, 2010 You can, when conditions dictate, but you may piss off the judge. Link to comment Share on other sites More sharing options...
ADSOFT Posted May 1, 2010 Author Report Share Posted May 1, 2010 You can, when conditions dictate, but you may piss off the judge.That's what I thought. Thanks. Link to comment Share on other sites More sharing options...
FlaLawyer Posted May 1, 2010 Report Share Posted May 1, 2010 I have done it many times. File one MSJ. Get ruling. File next MSJ. Get ruling. It's a method that can be used to test new legal theories and keep a clean record. Some insurance companies swear by the method. Link to comment Share on other sites More sharing options...
ADSOFT Posted May 1, 2010 Author Report Share Posted May 1, 2010 I have done it many times. File one MSJ. Get ruling. File next MSJ. Get ruling. It's a method that can be used to test new legal theories and keep a clean record. Some insurance companies swear by the method.Thanks I'm going to be filling for a Bill of Particulars, but I'm starting to think that an MSJ might be good preemptive strike. I might help the plantiff by filing a BOP. How do you determine if a lawsuit is frivolous or harassing. Link to comment Share on other sites More sharing options...
Chapel Hill Posted May 1, 2010 Report Share Posted May 1, 2010 Do a google search on California slap suits. Basically, if your case doesn't have a good faith basis for success based on the law and the particulars you and your trial counsel can be made to pay for wasting the courts time and the resources of the individual or entity you brought the action against. So it's really important before you sue an ole boy you do your due dilligence. You don't want to be labelled a malicious litigator or find yourself on the wrong end of a slap suit because you sued the wrong sum bytch. Link to comment Share on other sites More sharing options...
ADSOFT Posted May 1, 2010 Author Report Share Posted May 1, 2010 Do a google search on California slap suits. Basically, if your case doesn't have a good faith basis for success based on the law and the particulars you and your trial counsel can be made to pay for wasting the courts time and the resources of the individual or entity you brought the action against. So it's really important before you sue an ole boy you do your due dilligence. You don't want to be labelled a malicious litigator or find yourself on the wrong end of a slap suit because you sued the wrong sum bytch.Thanks,Get this I was sued by some JDB be and:1) No demand letter2) No case number3) Over 1 yr to serve, never asked for an extention to serve4) They had started a previous lawsuit, but dropped it because they couldn't serve me.5) No proof of communication with defendent prior to lawsuit. 6) Never given my rights to arbitration on the original summons. ... I want to attack the lawsuit for lack of substance and inproperly bringing the allegations to a summons?? But I don't know much about Civil Procedure, yet I do know contract law. Link to comment Share on other sites More sharing options...
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