Seth M. asked

⚖️  Law

I have a breach of contract action in progress that requires a declaratory judgment affirming the contract's validity. The defendant claims the contract is flawed due to a drafting error and has made a counterclaim for reformation. Since the two claims are inseparable and mutually exclusive, should a motion for summary judgment on the declaratory judgment claim be combined with a motion for summary judgment on the counterclaim for reformation? Or are these two separate motions?

December 7th, 2023

Jenny P. answered

The summary judgment on the plaintiff's claim and the summary judgment on the defendant's countercla...

December 7th, 2023

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