Letter Re: Response to Discovery Summary Judgment Motion
LAW OFFICES OFTERRY BAYLOR
TERRY BAYLOR / 2140 DESERT DRIVE, SUITE 123 / SANDRA D. STEVENS
DESERT VILLAGE, CALIFORNIA / Legal Assistant
TEL: (555) 555-1234 FAX: (555) 555-5678
June 4, 2004
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION
Margaret Wayne
963 Jean Street
Desert Village, CA
Re:Wayne v. Ferrer Hardy
Dear Ms. Wayne,
The purpose of this letter is to follow-up on our telephone discussion of yesterday about motions for summary judgment. You and I discussed why a motion for summary judgment has not been made in your case.
To recap our discussion, motions for summary judgment can only be brought when there are no disputes of material fact. In such a situation, it is possible for the judge to make a legal determination on the undisputed facts that are presented by the moving party. While it is true that the parties do not need to agree that there are no disputed facts, the court must be able to determine that there actually are no disputed facts.
In your case, Mr. Hardy has consistently testified that he did not agree with you to renovate the premises. While it is true that there are documents that we intend to show a jury and we wil argue that those documents show that he is lying, that determination must be made by a jury. As long as Mr. Hardy takes the position he has taken, summary judgment is not possible.
I appreciate that a motion for summary judgment if granted, would terminate the case and save you a substantial amount of attorneys’ fees. I also realize that it is now too late to make such a motion in your case. However, we fully examined the possibility of making such a motion early on, and determined that it would not be possible to prevail. I did not discuss it with you at the time because, in my opinion, it was (and still is) impossible to prevail on such a motion. I am still of that opinion. Simply put, under the circumstances, it simply is not legally possible to prevail on such a motion.
I understand your frustration with the mounting expenses of the case, and the failure of our settlement negotiations. I am happy to discuss the matter with your son-in-law, or any other lawyer you might wish to consult for a second opinion. Should you wish to do so, please contact my assistant, Sandra Stevens, and she will be happy to provide you with copies of the pleadings and deposition transcripts that highlight the disputed facts that would be at issue in such a motion.
Please do call me if, upon reflection, you have more questions or comments on this matter.
Very truly yours,
Terry Baylor
TB/mos