Thank you my friend! We do have legal rights, and constitutional rights. If people don't understand their rights, how can they possibly assert them. Thank you for noticing and for your nice comment. Steve
3 years flighting city hall. Thrice case supported in my favor. Now writing my response to summary judgement. THANK YOU. I’m pro se after tens of thousands on an attorney.
Very helpful and easy to follow video. I am an information systems & operations major required to take a business law class and am realizing more and more how interested I actually am in understanding law. And you just made it even more interesting with your helpful video. Thank you!
MY FAVORITE ONLINE ATTORNEY. THE ABSOLUTE BEST!!!! Attorney Steve Vondran is my digital professor and greatest source ever. I love your tutorials, they are excellent. Can you develop an online law course with a degree, so i can apply and get my degree in law? I would totally apply to the Vondran Law School digital class. THANK YOU!!!!!!
Thank you! I really appreciate the positive feedback. Motivates me to keep bringing amazing litigation content to the good folks who just want to understand law. : )
Gee wiz, I saw this video last minute. It’s Day 30 and after LVNV sent a summary judgement after my response, I sent them a request for production of documents friday but saw today that I was “supposed” to respond to the summary judgement with the courts BY TODAY (day 30) 😂 I saw many templates, copied and pasted a lot of stuff and added everything you’ve said from this video. Oh man my paragraphs were all over the place but I pray the judge gets the right message 😂! I responded! Let’s see how this goes
Thank you Steve for explaining Summary Judgement so well with the help of a "White Board." You are such a great instructor. I have just decided to talke Paralegal Classes this Month. I appreciate being able to find someone like you that knows how to explain in details important concepts and terminology.
This was super helpful the way you explained it. I'm a Legal Assistant so I can move forward a little bit more comfortable now since Im dealing with one of these
Thank you attorney Steve for a very informative legal commentary about "summary judgments." QUESTION: if an insurance company (through their attorneys) files a summary judgment against the plaintiff, are they ever attempting to "persuade/convince" the plaintiff to negotiate and accept settlement offers because the defendant thinks the jury trial may give the plaintiff more than the insurance company wants to give? Thank you so much.
First, I want to thank you for all your videos. They have truly been a great help. Today, the judge denied the plaintiff's motion for summary judgment based on my response. Now the plaintiff wants to settle. I'm unsure of what to do next.
Yes thank you so much..I'm in the legal field but my family has had to act pro se for years.We won a SJ before but I needed to brush up on presentation..and elements in order to be effective the current matter is a rear end collision which..get this..happened 8yrs ago..long story short is Def has done everything in the book to get rid of us..thankfully I took 2 months prior to write a draft opp and so far my thoughts were spot on..but you provided that teacher insight that I truly needed..keep it up you are amazing..oh and its Louisiana law..civil code..lol..
Hello Attorney Steve. I am in the process of doing an MSJ. I am the plaintiff. But I amended my complaint to include additional defendants. A month later Request for Admissions were deemed admitted against the one initial defendant. I understood the value of the deemed admissions in Trial/MSJ, so I went back to court to remove those additional defendants WITHOUT prejudice, except of course the initial defendant. In a nutshell, I have a case against one defendant whose admissions (58 questions) were deemed admitted. Is my MSJ in trouble for the reasons I described above?
great video, do you have any advice as to weather or not there will be a window of time that the plaintiff has to respond to such a situation? should the plaintiff request a hearing to review motion for summery judgment emidiately when the motion is put fourth by the defense? in other words is this a life or death point in the case where if a request isn't put fourth for review of motion or for dispute of the motion for summery judgement then the case is over right then or will there be some window of time for the plaintiff to respond ??? thanks so much for any help!! also, what is this motion to request a review or review of summery judgement called? in other words what is the responsive motion called in legal language?> thanks so much for any help!!
I submitted a motion for Summary Judgment to the probate court and I’m waiting for a response from the judge. I am waiting for a hearing date to be set. In the meantime, the judge will be placing an order for a detailed accounting to be done. I am waiting on that as well. It has been over 45 days and the opposition has not responded or opposed my MSJ. I have also filed a motion to take Judicial notice as well. The opposition has not even ever responded to my petition! I hope I win by default.
Attorney Steve, Thank You. I have one question regarding summary judgments in California. Ccp says you can file a summary judgment 60 days after your general appearance. are they talking about your appearance like your case management conference or can a summary judgment be filed 60 days after an answer has been filed by the defendants? Thanks in advance "The party moving for summary judgment must wait until at least 60 days have passed since the general appearance of the party or parties against whom the motion is directed unless the Court orders otherwise pursuant to Code of Civil Procedure section § 437c(a)(1)."
When the judge has both parties motions for summary judgment, does the judge wait for each party to response to each other before working on the motion?? or does the judge start working on the motion when he gets the original motion and doesn’t wait for the parties to respond to each other…
Steve, I'd like to know if whomever you are bringing a complaint against, could they use this summary judgement and motion to dismiss tactic even if they know you have a valid complaint with merit? basically just to hang you up or buy themselves some time before trial or to just try to make you go away? thanks.
The plaintiffs file a MSJ BEFORE I had anytime for collect my own facts. How do I respond? How long do I have? There is a hearing scheduled now. Is that for the summary judgment? Or is that if they are not granted judgement against me? When do I despite? At the hearing? Or before?
Great vid. I'm currently in the process of opposing a motion. Question, is it still possible to file motion for dismissal at this point after answering complaint?
I'm preparing a pro se defense to a small claims lawsuit from a Junk Debt Collector. What I've found in my preparation is that if you do not owe the money claimed, you respond to the initial letter from the claimant with a certified letter/return receipt requested (for proof to the court that you responded if he file against you) disputing it in whole or part or both and ask that the plaintiff provide validation that he owns the debt (most JDCs don't) and request that he provide documentation that the title to the debt was transferred with warranties and representations from the original creditor - which if he does not have, is justification for an affirmative defense and grounds for a dismissal. If granted by the judge, it will negate a trial and the JDC goes home without the money he thought he would "con" you out of with a default judgement. Most JDC have no legal basis for the claims they make and depend on default judgements being rendered because the defendant doesn't dispute the claim or doesn't come to court when summonsed. Claimants are required by law to have sufficient grounds for a lawsuit before they advance a claim. Otherwise the lawsuit is frivolous. You may or may not need a lawyer depending on whether you like doing a lot of homework or paying someone to represent you. It ain't easy!
Thank you for this Video I am currently in several lawsuits. The defendant has filed a motion and I will do my best to take your advice. I feel exhausted but I have to keep going for my disabled child. Win or lose I have to see this through to the end. Do you have anything on filing a appeal to the 9th Circuit I gotta funny feeling that this is gonna be my next step,
Hi Terria, thanks for the comment. Keep in mind my video is general legal information only and not legal advice. There can be a lot more to it depending upon your case, the local rules, court rules, etc. Best of luck to you. Great idea on the 9th circuit appeal.....I will put that on my list!! Cheers!
In Texas civil can a defendant amend a live pleading with affirmative defenses at the same time that the defendant it responding to and opposing to the plaintiffs traditional and no evidence summary judgment motion?
Do you have to respond to each of the plaintiffs facts(not sure if I am using the right term)? One of the plaintiffs facts is they sent me interrogation questions, which they never did. They recently informed me I was late with my answers and respond in 10days, I responded and told them they never sent me questions to please send them again, and it looks like that same day I mailed the letter they filed the motion, they didn't even give time to respond per per their own request! I'm just trying to buy an extra two weeks before filing bankruptcy and don't want the automatic judgement. Technically I would of answered their questions but like I said they didn't send them or I didn't receive them. They never provided any proof of being served questions in their motion.
thank you STEVE ,,we been 3 yrs in court over association maint fee$300 dispute which was clerical error because they deposited the full amount maint check that month & they held 2 mnthly maint payments following that clerical mistake then deposited them,,,isnt there a florida statue 720 saying that by law they hold checks after a late one for attorney fees etcc,, & somehow now we are upto date???who paid the 300 ,,,we didnt,,,they been saying we mailed those 2 checks late together,, which is BS & had a lien on our home since& when judge heard after 4th time to court we are upto date,,she denied them & only fighting the assoc attorny fees which are now $27000.00,,,the judge keeps telling us to workit out as attorney fees keep goin higher because 2 attorneys we had only say its a clerical mistake,,,youve answered so many questions for us in this video,,where & how can we file a MSJ our selfs???do we dwnload a form online ,,or go to courthouse to get one,,,in brwd florida,,thanks if anyone can help
Hi Steve, ty for the video my question is do I have to subpoena witnesses to summary judgment hearing ? I don't know how to go about it this is my first time in representing my self my issue is matter of law and facts I'm the plaintiff and objecting the summary judgment your opinion will be appreciated very much ty.
I have an unusual work Comp cae from 11 years ago. I'm at the stage of receiving Summary Judgement. Not knowing if attorney has witness for plaintiff's side. I made huge mistake in sending my documents I had, to the plaintiffs attorney and am now a witness for the plantiff as well as the defendant in the case against me. I have documents that have conflicting dates as to the original debt, work Comp was to have paid and another that says it went litigation and then sent to collections. Through the years, I had made payments but intentionally to the debt they say I breached. Date of service from original summons attached was exhibit A with no accuracy at all other than amounts. All other paperwork had same date as well. But now, the Motion of Summary has the correct date. Can I call the a technically?
Hi. Trying to find out how long do you have to dispute this before the hearing?....I have a summary judgment and they are requesting that I attend a hearing via phone or internet.
Yes. You repeated some of the best advice I found which was to *read their case law* and check their citations. I found a lot of mis-cited and misconstrued law. Their main argument left out several words which significantly changed the opinion they relied on.
+Beach Mouse Its a great point. It's not always easy to find the perfect case to cite so you cite what fits best. That's why you have to check the cites and point out how the case doesn't fit or "not an apples to apples comparison" as we like to say!! Thanks for the comments!!
Motion to Dismiss..Statement of facts. Declaration/Affidavit. Memo of Law. Dispute and Contradict their SOF. Oppose their Declaration. Game of Evidence. Create your own statement of facts.requeat hearing.
Thanks again Attorney Steve! You rock! You have taught me so much. I would be happy to provide video prod help/advice or guitar lessons in exchange! If you ever need, feel free to call on me.
"Steve, thanks, (I just got this and am still pushing forward for resolution); I hope racketeers don't try and 'extort' you for influencing me positively..."
Great info. If you are checking this, you should know your videos start out with RU-vid ads for ANOTHER attorney, mcdonaldworley.com PLUS at the end, it runs again. And he has a cute girl saying how good he is.
Steve Vondran thank you for responding so quickly. I apologize for clarification does that mean you can still file for jury demand at the point of sjm?
My evidence according to the opposing attorney was not sufficient, my attorney agreed, my att. did nothing with what I gave to him, I bought a work / personal van 10K. defendant says he accepted pmt. from my partner so the van should go to him. My evidence was a withdrawal slip from my personal bank acct. a cashier's check. I had the bill of sale, a photo copy of the back of the cash. check where seller signed it and deposited it into his business acct. Had a promise from seller he would get the title to me within 5 days this is also written on the bill of sale. After the 5th day he refused to give me the title, but he let me use the van.. The inspection and reg. was out. My partner rode with me to bank to get the cashier's check, this is when he informed me he will be signing the bill of sale cause he will be using the van also. When we get to sellers office I tendered the 10k seller handed me the bill of sale to sign, It was all typed out, filled out with 3 signature lines. One for me my partner and seller. My partner best friend since the 6th grade had worked for the seller for 8 yrs. prior to us getting our own business. We both drove the illegal van for approx. 1 yr. One day my partner came to my house and took the van I haven't seen it since he kept it hid from me. I filed a lawsuit against both parties for this and other things my partner did to me in our business. Partner was in control of all money he refused to get van legal or even put ins. on it. My attorney towards the end of the lawsuit agreed with opposing to let them file a motion for summary judgement. I did not want to he got mad and dropped me 1 month before trial, the judge granted this, attorney lied to judge telling him I was hard to get a hold of and did not cooperate, flat out lies. Day of hearing sellers attorney told me may as well not attend hearing cause he already know his client/seller will win this. He also told me my attorney did not turn over any evidence to him, thats why I would lose. By this time my attorney was gone. Trial day I ws pro se, did a settlement, I let my partner have the van, after having a lawyer 1 1/2 years and 30k later he was the worst lawyer ever I gave up. But my question is how much more evidence would I have needed to convince a judge I had a case?
(1) Another way to put it of not "sufficient" in facts or law, is that of in"adequate", but WHO determines this? and how? Here in N.H. the Supremes have told the General Court/ Legislature to determine adequacy as on pages 8+9 of 19 of the Londonderry case of 2006 at: www.courts.state.nh.us/supreme/opinions/2006/londo103.pdf as an example. But what gets me is that of when I have the PROOF and present such of that a State Tax Warrant be BOTH that of: illegal AND unlawful, the Supremes write of maybe yes, but not enough, of like saying the glass is half empty, not half full so round down to the next whole number of in this case zero of to say in-effect of that there is no evidence which is a bald-faced lie! What state are you in Anna? ______ Here in N.H. the threshold for a trial by jury is for only that of $1,500 or more in value, by Article 20 www.nh.gov/glance/bill-of-rights.htm this is supposed to be a right that cannot be over-ridden by a Motion for Summary Judgment! See: lawreview.law.ucdavis.edu/issues/44/2/articles/44-2_Snow.pdf and: www.uscourts.gov/sites/default/files/judge_hornby_summary_judgment_without_illusions.pdf that of they also talk about such motions as unlawful when in Federal Court as against the Seventh (7th) Amendment. Plus (2) as regards your attorney doing the: "Your Honor, We are still waiting for Mr. Green to appear" routine of referring to your lack of $ greenbacks to the attorney, this is not supposed to be the case, and especially not here in New Hampshire because by N.H. RSA Chapter 311:6 at: www.gencourt.state.nh.us/rsa/html/XXX/311/311-6.htm = because they do promise by oath that they: " will delay no person for lucre or malice, " .
I believe this system of injustice is out dated , I feel this back and forth is a wast of time playing game.I appreciate your knowledge illustrations I pick up the process easy. In my review of the United States Constitution supremacy rule of law self regulated In all case the problem is the entire judicial system is not follow the Constitutional rule law. For example: Voting Right Act. The U. S. Constitution General Principles, Case Precedent etc. In 1870, another Civil Rights Act was passed and was immediately followed by the 15th Amendment - the rights of the Citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account on race color or previous condition of servitude. STOP! AS a Judge sworn by the Constitution would immediately shut down this case. Ok, let's allow the recovery and demure process. Again the United States Constitution created to standard process of law. Further, reference Article Vl Constitution Sec. 2 Supreme Law : The law of the United States are Supreme within the meaning of this clause only when made in conformity with the Constitution, and act of Congress repugnant to the Constitution is Void. Please give reason why Texas's legislators will attempt abridged the Constitution or why these Republicans think they can change the law of the land. I would appreciate if you could break this down on the whiteboard. I will appreciate that presentation.
So who does each side turn their facts into? A Judge? But the fact is The judge and DA and the state itself - all benefit from the person or group with the most $$$$ .. Its 99% of the time they take from the poor working class and give to the state .Or Big money Usually wins. shouldnt the facts be turned into a jury to see if there is a case? instead of just 1 man making the decision?
Its a good point you make. A judge is the filter that tries to weed out cases that have no triable issues of fact that are worthy of jury consideration. This is what the fight is about at the MSJ level. A Plaintiff wants to get to the jury. Thanks for the comment.
I am 70- and not that sharp anymore (ABI TBI) and in pretrial Fed Dist Ct in CA. Me vs US and have already exhausted the proper tort process, so got this far. case filed oct 2023 The USA has been okay speaking w me but I am Pro Se, no fee disabled, but have no clue of getting evidence on proper forms thus far; no samples to see> I get zero by audio I need to see real documents. I need Govt employee witnesses testimony, I need to get Brady misconducts files of the certain Fed Police Officers Records- Answers to ??? That they have denied / omitted facts. I do not know what moer I am entitled to get, Most 80% of my FOIA s we're redcted or plainly denied (Privacy) I do not know the power of my court position for the same requests. They have a 9 month investigation made by that Agenncy and would assume I am entitled to a copy for trial, but who by whom. The USA says he will respond after Xmas. likely in January, I am in no hurry but want pretrial progress. now so I do not look weak and dumb.
I see the last comment was 4 years ago, I was wondering if you still practice law, and if you help me with a huge case that I have been on for 6 years, now Im ready to file my final paper but want advice cant get any here, im in Alaska you explin things very well thanks you helped a lot, I would love for you to get a portion of my 8.6 millon by unbundled legal. I will explain if you contact me on facebook im reneeknafel bullock or alaskabrat007 on here thanks
the truth is it's all made up BS. Lawyers argue their case and try to get the other side to agree using "facts" or case law. Very important that all the people playing this game are trained by the same person (a group of people) or one of them could think for themselves and upset the balance with logic. Logic is only used for the Supreme Court. Good luck getting your case heard there. A question to the lawyers out there, why do you get so happy when you get your clients to sign there rights away and turn that paper into the courts, oh it's because you work at the courthouse and you see the Judge as your boss. SICK!
