Tuesday, October 14, 2014

California Civil Law QuestionI fell over a trash can lid at a mall and filed suit against the shopping mall owners. They in turn filed suit ...

Question

California Civil Law Question

I fell over a trash can lid at a mall and filed suit against the shopping mall owners. They in turn filed suit against the maintenance company (cross-complaint).I ask the attorney for the shopping mall if they will settle for 25k she replied and just sent me this-What does mean?

I will take it to the attorney for the other side. I apologize for not responding, I have been out quite a bit. I have to tell you that I am contemplating filing a motion for summary judgment, and the other side may be joining as well (issue of proof as to who removed the lid). But I will take this to the other side and see what they say.



Answer

The attorney who emailed you is considering filing a motion for summary judgment. Although this motion can be complex in its appearance, at its heart it will argue that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. In even simpler terms, it means that the attorney thinks that for some legal reason, you do not have a case and there is no reason for trial. If the court grants this motion, it will be the end of your case.



Answer

Attorney Roach is exactly right. My advice, get a lawyer promptly.



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