Summary Judgment Filing Steps
Summary
To file for a summary judgment in California, submit a motion with supporting evidence, serve it to the opposing party, and attend a hearing. Winning ends the case in your favor, potentially awarding punitive damages. Losing continues the case to trial. For a case involving an unlicensed guard, present undisputed facts and evidence of the guards lack of licensure and its impact on your damages. Legal advice is recommended for complex cases.Full Conversation
What is the outcome when you either win a summary judgment or lose a summary judgment involving a civil action where is filing for the summary judgment and asking large punitive damages are they still assessed monetarily the summary judgment please define California legal process
If you win a summary judgment in California:
- The case ends and judgment is rendered in your favor.
- Punitive damages, if requested and proven, can be awarded.
If you lose a summary judgment:
- The case continues to trial.
- Punitive damages can still be pursued at trial.
Remember, each case is unique and outcomes can vary. Consulting with a lawyer is advisable.
I have a civil case in San Francisco California it has asked for punitive damages in five different prayers it has damages or causes in the way of battery assault and bad hiring practices retention of employees and supervision of employees are some of the basic damages and causes I have discovered that one of the security guard involved in the incident that night who caused a severe bodily injury was not licensed he did not have a guard card from California but worse was carrying a gun and has no record of a weapons card absolutely by law in the state of California you must have a weapon and a guard card to be working in that capacity I how do I phrase a summary judgment on the fact that I want a summary judgment this person I have a report did not have a guard card valid or a shirt or a junkyard not have a valid gun or guard card I was been hired by a company worth millions of dollars a large corporation
To phrase a summary judgement, you can follow these steps:
*. Identify the undisputed facts - the guard's absence of necessary licensure.
*. Present your argument - this violates California law and contributes to your damages.
*. Provide evidence - any documentation proving the guard's lack of licensure and the resulting harm.
*. Request judgement - based on these undisputed facts.
Remember, legal writing is complex. It's recommended to consult with a lawyer.
is an unlicensed guard carrying a gun and professing to be a guard with the company in uniform in California worthy of winning a summary judgment in a civil suit damages for not being licensed
In California, an unlicensed guard carrying a gun could potentially lead to a successful summary judgment if:
- There's clear violation of the state's regulations.
- You can prove this directly contributed to your damages.
However, the case's specifics will be crucial. Legal advice from a professional is recommended.