Hayward, CA asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for California

Q: Could you please do my opposition to motion summary judgment?

I was hit by a car while riding my bicycle and the defendant’s attorney has sent me motion of summary packets. I need to respond so I need help with that paperwork please.

7 Lawyer Answers
Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: You are in the middle of litigation. you need to hire an attorney right now. Best of luck.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Only a California attorney could advise on state-specific civil practice. But as a general premise nationwide, a motion for summary judgment is a serious thing and it should be regarded with respect and concern. If you were injured and the outcome of this case is important to you, you should seriously consider consulting with a California injury attorney. I don't believe it would be easy to find an attorney to write a motion piecemeal - when attorneys do that, they generally do it for other attorneys. In basic terms nationwide, a motion for summary judgment means the other side is asserting that there is no triable issue as to any material fact. When a defendant does that, it is not typically to say, "let's give this claimant an award without going to trial." Instead, in many instances, a defendant will be trying to diminish or get rid of a case. Injury attorneys in California and elsewhere generally work on a contingency basis and most provide free initial consults. There could be a lot at stake here and you should seriously consider at least a consult with a California attorney. Good luck

Tim Akpinar

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: You will have to pay someone by the hour. Expect to pay $10k for a summary judgment opposition. Better off to simply hire an attorney for the entire case. If you can't find an attorney, it's probably an indication that you don't have a good case.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

I WOULD HOPE YOU WOULD HAVE CONSULTED WITH A PI LAWYER. IF YOU DID AND THEY DID NOT ACCEPT THE CASE, THEN THAT SUGGESTS PROBLEMS WITH YOUR CASE. I SUSPECT THAT IS THE REASON FOR THE DEFENSE MOTION.

I SUSPECT THEY ARE SAYING THEY ARE NOT AT FAULT..........MAYBE YOU OR ANOTHER CAR WAS?

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: As ALL of the previous answers state - you should hire an attorney right away to help you. The motion they have filed is VERY serious and you should hire someone right away. How badly were you injured and was it the other party's fault?

Robert Dourian
Robert Dourian
Answered
  • Personal Injury Lawyer
  • Pasadena, CA
  • Licensed in California

A: Sounds like the defense has filed a Motion for Summary Judgment (MSJ) against you. These are essentially evidentiary hearings with the Court in which the defense seeks to dismiss your case with declarations and evidence that negate your claim. There are some technical issues involved in opposing such motions, and if you screw it up procedurally, your case can be dismissed. You also have to file your opposition papers, your opposition SEPARATE STATEMENT, your declarations and your evidence at least 14 days before the scheduled hearing date. So TIME IS OF THE ESSENCE.

Robert Dourian
Robert Dourian
Answered
  • Personal Injury Lawyer
  • Pasadena, CA
  • Licensed in California

A: Sounds like the defense has filed a Motion for Summary Judgment (MSJ) against you. These are essentially evidentiary hearings with the Court in which the defense seeks to dismiss your case with declarations and evidence that negate your claim. There are some technical issues involved in opposing such motions, and if you screw it up procedurally, your case can be dismissed. You also have to file your opposition papers, your opposition SEPARATE STATEMENT, your declarations and your evidence at least 14 days before the scheduled hearing date. So TIME IS OF THE ESSENCE. Where is the case filed, what county?

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