Introduction and Alignment
Pretrial motions are important because they may allow litigants to dispose of part or all of a lawsuit before trial. When there are no material facts in dispute, a litigant may file a motion for a summary judgment, requesting that the judge make a ruling on the case. After the judge has examined the issues, the case may be dismissed in whole or in part. However, if the judge finds that factual disputes are present, the motion for summary judgment will be denied, and the case will proceed to trial.
Upon completion of this assignment, you should be able to:
- Discuss the concept of summary judgment.
Background Information
Consider the following example scenario involving a pretrial motion for a summary judgment.
Samantha’s Shake Shack
Samantha is the owner of a milkshake business located in a mall. She wanted to tap into the smoothie craze, so she entered a financing agreement to purchase a smoothie machine from Smoothie Makerz, Inc. The company had her sign a purchase contract for the machine. The contract contained a payment schedule for Samantha to pay the company with interest for the machine.
She operated the machine on a cart in the middle of the mall. The machine operated as expected, and smoothie sales were strong during the summer months. The only thing Samantha did not like about the machine was the upkeep. Its maintenance required disassembly and cleaning every two weeks. Because she was not motivated to do the necessary cleaning, Samantha decided to close down the smoothie machine at the end of the summer. She then stopped making monthly payments on the machine because she no longer had the funds available.
Smoothie Makerz then filed a complaint initiating a lawsuit against Samantha for non-payment. During her deposition with the attorney of Smoothie Makerz, Inc., Samantha stated that she stopped making payments because she was “flat broke.” She acknowledged that she had a legal obligation to make payments but stated she would not and could not make the payments.
How should Smoothie Makerz, Inc., proceed with their lawsuit? Are there any motions Smoothie Makerz should consider filing?
To expedite the case, Smoothie Makerz, Inc., should file a motion for summary judgment. The facts of the case are not in dispute. Samantha signed a financing agreement to purchase the smoothie machine, which she did not deny. She failed to make payments on the smoothie machine per the contract. Samantha presented no legally defensible reason for not making payments on the smoothie machine. Smoothie Makers, Inc., can argue that, based on Samantha’s deposition testimony, the judge should rule in its favor.