How to Move Towards Summary Judgment in California

Question from D and them, How to Move Towards Summary Judgment in California

Answer from AI:

In California, a summary judgment is a legal procedure that allows a court to decide a case without a full trial. This can happen when there is no dispute over the important facts of the case, and one party is entitled to judgment as a matter of law. Here’s a general guide on how to move towards summary judgment in California.

Understanding Summary Judgment

Summary judgment is governed by California Code of Civil Procedure (CCP) Section 437c. It is a way to resolve cases quickly when there is no need for a trial because the facts are undisputed.

Steps to File for Summary Judgment

To move towards summary judgment, follow these steps:

1. Determine Eligibility: Ensure that your case qualifies for summary judgment. This typically means that there are no genuine disputes over material facts and that you are entitled to judgment as a matter of law.
2. Prepare the Motion: Draft a motion for summary judgment. This document should include:
   • A notice of motion
   • A memorandum of points and authorities
   • Declarations or affidavits
   • Separate statement of undisputed material facts
   • Supporting evidence (e.g., depositions, admissions, documents)
3. File the Motion: File your motion with the court. According to CCP Section 437c, the motion must be filed at least 75 days before the hearing date.
4. Serve the Motion: Serve the motion on all parties involved in the case. This must be done within the same timeframe as filing the motion.
5. Opposition and Reply: The opposing party has the right to file an opposition to your motion. You may then file a reply to their opposition. The opposition must be filed at least 14 days before the hearing, and the reply must be filed at least 5 days before the hearing.
6. Attend the Hearing: Attend the court hearing where the judge will consider the motion. Be prepared to present your arguments and answer any questions the judge may have.

Key Considerations

• Burden of Proof: The party moving for summary judgment has the burden of showing that there are no triable issues of material fact.
• Separate Statement: The separate statement of undisputed material facts is crucial. It must list each material fact claimed to be undisputed, followed by the evidence that supports that fact.
• Evidence: All evidence must be admissible. This means it must be relevant, reliable, and not subject to exclusion under the rules of evidence.

When to Seek Legal Advice

While this guide provides a general overview, moving for summary judgment can be complex. It is often beneficial to consult with a legal professional to ensure that all procedural requirements are met and that your motion is as strong as possible. Legal advice is particularly important if you are unsure about the strength of your evidence or the legal standards that apply to your case.

Resources

For more detailed information, you can refer to the following resources:

• California Code of Civil Procedure Section 437c
• California Courts Self-Help Guide on Summary Judgment

Remember, this information is intended to provide a general understanding of the process. For personalized advice, always consult with a qualified attorney.