Doublella Posted September 10, 2014 Report Share Posted September 10, 2014 Hello----Received Notice of Motion and Motion for Summary Judgment, Separate Statement, Points and Authorities and exhibits and declarations in Support Thereof.--They are citing: C.C.P. Section 437c (which) authorizes entry of Summary Judgment "in any action or proceeding if it is contended that the action has no merit or that there is no defense thereto.."--Regarding the declarations section, they are signed by someone outside of my state who is a "Litigation Support Representative."--I can put specific info and/or attach files if anyone would like to see.--Court hearing is scheduled for about a week and a half away. How do I answer this? Also, do I send them interrogatories? I answered theirs.Thank you for your help. Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted September 10, 2014 Report Share Posted September 10, 2014 @Anon Amos, @calawyer.You guys would know more on Cali's MSJ .@Doublella When did you relieve this paperwork? When was your trial scheduled for? What did the interrogatories ask, and how did you answer? Also there is a list of questions pinned at the top of this forum that say questions to answer when posting. Cut and paste those questions here and answer them. Quote Link to comment Share on other sites More sharing options...
calawyer Posted September 11, 2014 Report Share Posted September 11, 2014 The hearing is in a week and a half?????? CCP section 437c requires 75 days' notice of the hearing (plus five if served by mail). The Code provides for such a long notice period specifically so that you can take depositions, serve interrogatories or otherwise gather evidence to rebut the motion. When was the motion served on you? 1 Quote Link to comment Share on other sites More sharing options...
calawyer Posted September 11, 2014 Report Share Posted September 11, 2014 The hearing is in a week and a half?????? CCP section 437c requires 75 days' notice of the hearing (plus five if served by mail). The Code provides for such a long notice period specifically so that you can take depositions, serve interrogatories or otherwise gather evidence to rebut the motion. Your opposition brief is due 14 days before the hearing (CCP 437 b 2).When was the motion served on you? Quote Link to comment Share on other sites More sharing options...
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