advice on summary judgmentgreenspun.com : LUSENET : Repossession : One Thread
I have a claim against by Halifax who have instigated proceedings against me I have completed acklowdgment of service, allocation questionare etc, I have today received notification of a move for summary judgment against me for 15 october, have seeked advice from NAMV but are away until 8 October - I Phoned court for advice who told have to go on the 15th to defend my claim - any advice will be appreciated
-- drl (firstname.lastname@example.org), October 04, 2001
Basically a summary judgement is where you haven't defended the claim and the claimant can ask for judgement from the court so they can formally chase you for payment.
There isn't much advice to give really. See a solicitor as soon as possible and defend your claim - don't forget you can still write to the lender, ask for the paperwork and dispute their claim.
-- pendle (email@example.com), October 04, 2001.
Pendle, you say a 'Summary judgement'is made when you have not submitted a defence this I do not see as true. I have returned allocation questionaire and a copy of my defence to the Court(end of august).Have received today (Saturday) Notice of hearing for Summary Judgement in late December.Is there more we need to Know about SJ. Regards, Daren
-- Daren Otsay (firstname.lastname@example.org), October 06, 2001.
I found this hope it helps. SUMMARY JUDGEMENT - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgement as a matter of law.
A material fact is one which might affect the outcome of the case under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). To preclude summary judgment, the dispute about a material fact must also be "genuine," such that a reasonable jury could find in favor of the non-moving party. Id.
Conclusory or speculative testimony is insufficient to raise a genuine issue of fact to defeat summary judgment. See, e.g., Falls Riverway Realty, Inc. v. Niagara Falls, 754 F.2d 49 (2d Cir. 1985); Thornhill Publishing Co. v. GTE Corp., 594 F.2d 730, 738 (9th Cir. 1979).
In general, inadmissible hearsay evidence may not be considered on a motion for summary judgment. Blair Foods, Inc. v. Ranchers Cotton Oil, 610 F.2d 665, 667 (9th Cir. 1990).
Summary judgment is properly granted when the evidence in support of the moving party establishes that there is no issue of material fact to be tried. (Code Civ. Proc., section 437c; Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) The court is required to consider all the evidence set forth in the papers, except where objections are properly sustained, and all inferences reasonably deducible from such evidence. Any doubts as to the propriety of granting the motion must be resolved in favor of the party opposing the motion. (Asare v. Hartford Fire Ins. Co. (1991) 1 Cal.App.4th 856, 862.) If the court determines there is no triable issue of fact, the court will determine any remaining issues of law. (Pittelman v. Pearce (1992) 6 Cal.App.4th 1436, 1441.)
-- boyz (email@example.com), October 06, 2001.