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a quick quesion about MSJ


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First here is the background info:

-lawsuit in Los Angeles, California

-Superior Court of California

-defendant is the person who filed the MSJ

 

After the MSJ was filed, if I need to make some changes, what will be the best options to do : make 1st amended MSJ ( to supercede the original one) OR simply send in supplementary as additions ?

 

Reasons: 1. plaintiff amended Discovery response, which I based on for the MSJ- so undisputed material statement needs re-work; 2. would like to strengthen the "lack of legal standing" as reason for MSJ.

 

BTW, they have not filed the opposition reply to MSJ, in fact, they still have 1 month.

 

Thanks

 

 

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Someone suggested  "amend"; someone suggested pull it off and re-file, giving 75 days notice all over...; someone suggested wait until JDB plaintiff file the opposition reply....

 

I am confused....??

 

Anyone please...( and if you can also tell me what are the drawback(s) for each options- amend/ pull it off-refile/ send in supplementary/ wait for opposition...

 

I really want to do it correctly, no mistakes, hope you all can understand....

 

Million thanks

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I wouldn't change anything in the MSJ.  You file MSJ, they file opposition to MSJ, and you get to reply to opposition to MSJ.  If they don't bring up the amended changes to discovery in their opposition to your MSJ why help by doing it for them.   Sit back and wait for opposition and counter it with your reply.  

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Anon Amos is RIGHT, I am working on re-writing.

 

My Question here is that : HOW to / in what form, ie, amend ; sending supplementary; pull-out the existing one & refile ??

 

I want to keep the existing hearing date, which is 1 month away,...but a gentleman brought up a concern, that it may be a problem.

 

I tried to search the court rules, but could'nt find it? Perhaps stupid me?? Can anyone look it up and confirm for me, it's superior court of california, Court house is Chatsworth- Los Angeles County.

 

Can anyone really confirm for me, PLEASE !!! Million thanks

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I already said that amending an MSJ is not common, you can't expect a landslide of information on it. I don't know how much more convincing anyone could do to top  Skippy1960 post #3. Drafted by a lawyer and listed as an amended MSJ, it gives you a perfect example of what it should look like and be called, and I believe the rule is in it as well.

 

Also; if you want to keep your date then all you can do is amend. Other then that all you can do is cancel the MSJ and file another one (something I would not do). Sometimes there is more than one thing you can do.

 

I would not be too concerned that a gentlemen brought up a fact that "it may" be a problem, especially if they don't offer a solution. Your case IS going to be a problem; that should not come as a newsflash to you. Depending on who it was that said it; it may be worthless information anyway.

 

You may want to try learning in the law library, and see if you find answers that you prefer, at least you will know the answers are trustworthy. Other than that; there usually are more than one thing you can do, and you don't always know for a fact that it will be the right thing to do.

 

Also if you do something wrong now and then, you don't necessarily lose the case (as long as you don't mistake your way into default). You should know as well as anyone that you can make mistakes and still stay in the game. Of course you will have to "amend" the mistakes when you can.

 

Good luck, hope this helps.

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Dear Anon Amos:

 

As soon as I finish the Amended version, will let you take a look before taking it to Court !

 

I don't mean to offend you, I apologize. Sometimes, just a reflections, wow I made a few mistakes, just want to make sure ...

 

BUT I AM VERY GLAD YOU and ohters CAREs, ....Can't say thank you enough...

 

Million thanks

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No offense taken, and I don't mean for my post to come off as rude. I would be glad to look at anything you have before you file it.

 

Also, I would not sweat the deposition too much. It's similar to being on the stand at trial. The lawyer will ask you questions. Answer them as short as possible, try not to admit to anything. Anything you say can and will be used against you at trial. You can also use objections to private information etc.

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