breach-of-contract hoa
Summary Judgment Motion
<h1>BACKGROUND</h1>
<p>An HOA has failed to follow its bylaws (breach of contract), which has been documented in a thorough email trail to provide the facts and demonstrating communicating the bylaws to the HOA board.</p>
<h1>QUESTION</h1>
<p>If post-demand letter it is necessary to bring the issue to small claims court:</p>
<p><strong>Is there any reason not to request a <a href="https://www.lawyers.com/legal-info/research/summary-judgment-motion.html" rel="nofollow noreferrer">Summary Judgment Motion</a>?</strong></p>
<p>Assume that my understand of MSJ is limited to the provided link.</p>
<p>It seems that MSJ provides advantage (if one documents and provides a strong case):</p>
<ol>
<li>it provides the opportunity provide my narrative and exclude opposition</li>
<li>it will minimize time and legal cost if successful</li>
</ol>
<p>As always, any lessons learned or pitfalls to avoid are highly appreciated.  Thank you</p>
<h1>UPDATE</h1>
<p>Attorney consultation indicates that the case would not be in small claims court.
The opposing side will get a chance to respond.   It was suggested that the case is a matter of law and not a matter of fact.</p>

<p>Based on your other posts, I believe your matter would be decided in Small Claims court. If so, my understanding is that summary judgment would be moot or not applicable because processes in Small Claims are --by their nature-- much briefer than lawsuits in civil court, whence such a motion cannot shorten any further a process in Small Claims. That preempts the aspect of </p>

<blockquote>
  <ol start="2">
  <li>it will minimize time and legal cost if successful</li>
  </ol>
</blockquote>

<p>As for</p>

<blockquote>
  <ol>
  <li>it provides the opportunity provide my narrative and exclude opposition</li>
  </ol>
</blockquote>

<p>at least in theory, neither Small Claims nor motions for summary judgment are useful or devised for excluding opposition. The other party will get its opportunity to refute your arguments.</p>

<p>Even if you request that your motion be decided without a hearing, I doubt that the judge will do so (especially if the other party suggests that a hearing for the matter should be scheduled).</p>
