The Danger of Doing Nothing

by | Jul 28, 2020 | With Your Family in Mind

My kids and I were sitting around a week or so ago and one of them proposed that we play a game. The game is each person asks a question to everyone else in the room and the person asking the question has to answer it also. It was just the three of us. My oldest asked what is a quality that you admire of every person in the room. She said about me: “One of things that I admire most about you is that you never give up.” Back-handed compliment? Maybe. I would have much preferred my driving skills or my knowledge of 80’s music.
So, I have this complex case pending in Bankruptcy Court in Las Vegas. My co-counsel and I file this motion attempting to politely explain that the Judge just about got everything wrong before we showed up. One of those things was him granting a summary judgment because my client had failed to file opposition to the motion. An MSJ is a motion where the moving side says there is no triable issue of fact or law so they deserve to win right now without a trial. Something about that did not sit right by me. So, I did some research and found these cases which said that there is no obligation to oppose a summary judgment motion. The burden is on the moving party to demonstrate that there is no triable issue of law or fact and until he or she does so, the motion must be denied. And now we appeal. Sometimes never giving up can be a bit more useful than knowing all the words to Bananarama’s Cruel Summer. The real danger is the danger of doing nothing.
For questions regarding family law and civil appeals and litigation, contact the Law Offices of Richard A. Marcus at 661-257-8877.

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