Motion for Summary Judgment and Adjudication
Either party in a civil lawsuit may request that the Court dismiss the opposing party’s entire case or specific causes of action or defenses under California Code of Civil Procedure Section 437c. (Reference Material)
Plaintiff’s Motion for Summary Judgment
If you are the Plaintiff and you believe that the opposing party’s response fails to set forth any defense to the entire complaint you may file a Motion for Summary Judgment against the Defendant. The motion cannot be made until at least 60 days after the Defendant files an answer or otherwise makes a general appearance. The Motion for Summary Judgment must comply with strict procedural guidelines and requires the moving party to submit all the following:
(1) Notice of motion by [moving party] for summary judgment or summary adjudication or both;
(2) Separate statement of undisputed material facts in support of [moving party’s] motion for summary judgment or summary adjudication or both;
(3) Memorandum in support of [moving party’s] motion for summary judgment or summary adjudication or both;
(4) Evidence in support of [moving party’s] motion for summary judgment or summary adjudication or both; and
(5) Request for judicial notice in support of [moving party’s] motion for summary judgment or summary adjudication or both (if appropriate).
(Reference Material) Once these documents have been prepared they must be filed and served upon the opposing party in a sufficient time to allow the hearing to proceed at least 30 days prior to the date set for trial. (Reference Material)
Defendant’s requirements upon receipt of a Motion for Summary Judgment
Once the Defendant is served with the Motion for Summary Judgment they must respond timely and serve their response at least 14 days prior to the date set for the hearing on the Motion for Summary Judgment. The Defendant’s opposition to the Motion for Summary Judgment must also be supported by evidence including a Separate Statement of Undisputed Facts.
Plaintiff’s reply to the Defendant’s response to the Motion for Summary Judgment
Once the Plaintiff receives service of the Defendant’s response to the Motion for Summary Judgment they will have to file and serve their Response at least five days prior to the scheduled hearing.
The Hearing on the Motion for Summary Judgment
At the hearing, the Plaintiff and the Defendant will have the opportunity to argue their case before the judge. A judge will grant a Plaintiff’s Motion for Summary Judgment if it is conclusively proven that there are no disputable facts,
The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
Have Questions On Motion for Summary Judgment and Adjudication in Los Angeles or Orange County County?
Long Beach Law Office
Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com
Newport Beach Law Office
Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com
