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425 - Motion for Summary Judgment [minimum]

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When your Answer is filed, prior to trial you can file a Motion for Summary Judgment. It is unusual as a motion because your winning the case has to be so clear that there is no doubt about it. Most cases have all issues that are debatable, but it there is even one defense that is clearly in your favor, then the motion is proper.

The fee charged is a minimum, because the issues to be evaluated and addressed in a summary judgment motion varies greatly. The benefits to this motion are (1) if you win, there is no trial, and (2) for all the Discovery that the landlord did not answer when you asked it, they must come forward with the evidence they do have in opposition to your motion. That way, even if you lose the motion, you have the preview of what they are going to claim at trial that they concealed from your Discovery.

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