If the court threw out your case before trial, you may feel frustrated and lost. You may feel betrayed by the legal system that’s supposed to offer access to justice. Fortunately, our legal team specializes in reversing pre-trial judgments, and we may be able to help.
There are a number of reasons that the court’s decision may be invalid. You may not even know all of the avenues that may be available to you for reversing pre-trial judgments. Although courts make mistakes, the California legal system has procedures in place that allow you to challenge these mistakes. You need to act quickly, and you need to cite the legal grounds that warrant a higher court overturning the lower court’s decision.
The judge might have issued a pre-trial judgment because of the defense’s motion for summary disposition. When the court decides a motion for summary disposition, they’re supposed to consider the evidence in the light most favorable to the non-moving party.
As long as what you’ve alleged meets the criteria for a legal recovery, the court shouldn’t issue summary disposition. This isn’t the time for a court to impose its own judgment. A court also shouldn’t make decisions in order to shorten their caseload. Under California Rules of Civil Procedure section 437c(a)(1), if there’s any dispute about an important fact, the court is wrong to award a pre-trial judgment to the defendant. If you think this may have happened in your case, we can evaluate the circumstances and prepare your next steps to challenge the decision.
There are multiple ways to challenge a court’s pre-trial judgment. You can ask the same court that made the decision to reconsider. This falls under California Rules of Civil Procedure section 1008. To bring a motion to reconsider, you have to show new facts or new laws that could prompt the court to reach a different result. You only have ten days after the original order to make this motion, so it’s important to work very quickly in order in order exercise this option.
In addition to bringing a motion for reconsideration, you can appeal the trial court’s decision to a higher court. In that case, the higher court reviews the lower court’s decision to see if they made a mistake. The appeals court makes what’s called a de novo review of the lower court’s decision. That means they make their own decision based on the record. They don’t give any kind of deference to the decision of the lower court.
This can be helpful because it allows a fresh set of eyes to make a brand new decision. If they reach a different outcome than the lower court, their decision stands, because they’re the higher court. This can be a useful avenue to reversing pre-trial judgments when the lower court gets it wrong.
You have a limited period of time for reversing pre-trial judgments, so if you’re unhappy with a court’s decision, please contact us as soon as possible. We’re eager to meet with you and talk about our case. We use our training, experience and determination to prepare your documents with precision. This attention to detail is critical to your success.
It’s our goal to help deserving clients find justice in the court system. We’re happy to look at your case and create a plan to appeal the court’s decision and work together for your success. If the court awarded a pre-trial judgment in your case, please contact our legal team today to talk about your case.