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MOTIONS AND OPPOSITIONS

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EXPERTISE IN ALL ASPECTS OF MOTIONS, OPPOSITIONS AND DEMURRERS

MOTIONS AND OPPOSITIONS ATTORNEY

Motion legal practice

Motions, oppositions and responses are an important part of litigation. The legal writing contained in motions should contain facts and law that are as persuasive as possible. The pre-trial rulings of a court can make or break a case as they often affect what can and cannot be presented to a jury.

If you need a California attorney to file or respond to a motion in your case, contact Joseph P. Simon Law for a free consultation.

DEMURRERS

Motion to Dismiss

A Demurrer is a motion to dismiss a lawsuit or, on occasion, a motion to dismiss an answer to a lawsuit. When a defendant files a demurrer, they are essentially arguing that even if the allegations in the complaint are true, they do not owe an obligation to the plaintiff.

When ruling on a Demurrer, a judge will review the allegations of the complaint to determine if a complaint sufficiently outlines a cause of action. For purposes of the demurrer, the judge will presume that all of the allegations are true. If the judge agrees with the defendant that the allegations are insufficient to form a basis of liability, he will either dismiss the lawsuit or allow the plaintiff time to amend the lawsuit.

If you have filed a lawsuit and the defendant has filed a demurrer, you only have a limited amount of time to respond. Contact lawyer Joseph P Simon for a free consultation.

If you need an attorney to draft and send a demand letter, contact attorney Joseph P. Simon for a free consultation.

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