California Motion for Summary Judgment Template

Document Sample
California Motion for Summary Judgment Template Powered By Docstoc
					This Motion for Summary Judgment Template lays out the proper format for bringing a
summary judgment motion. A motion for summary judgment is filed by a party in
litigation seeking to obtain a judgment on all or part of the case in a summary fashion,
without going to trial. In order to succeed, the moving party must demonstrate that there
are no genuine issues of material fact and that the moving party is entitled to judgment
as a matter of law. In other words, the moving party must show that the undisputed
facts in the case entitle it to win under the relevant laws. This motion is accompanied by
a memorandum of points and authorities which set forth a statement of facts and the
moving party's argument. A template for the memorandum of points and authorities is
also provided. This template should be used by a party when making a motion for
summary judgment.
     ______________ [Instructions: Insert name of attorney and Bar number]
 1   ______________ [Instructions: Insert address of attorney]
     ______________ [Instructions: Insert facsimile number / email address]
 2   ______________ [Instructions: Insert telephone number]
 3
 4
     Attorney for ______________ [Instructions: Insert either “Defendant” or “Plaintiff”]
 5   ______________ [Instructions: Insert name of represented party]
 6
 7                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
 8         FOR THE COUNTY OF ______________ [Instructions: Insert name of county]
 9
10
     ______________ [Instructions: name of     )   Case No.: ______________ [Instructions:
11                                             )   Insert case number]
     plaintiff]
                                               )
12                                             )
                   Plaintiff,
                                               )   ______________ [Instructions: Insert
13                                             )   “DEFENDANT’S” OR “PLAINTIFF’S]
            v.
                                               )   NOTICE OF MOTION AND MOTION
14   ______________ [Instructions: Insert name )   FOR SUMMARY JUDGMENT OR, IN
     of defendant]                             )   THE ALTERNATIVE, MOTION FOR
15                 Defendants.                 )   SUMMARY ADJUDICATION;
                                               )   MEMORANDUM OF POINTS AND
16                                             )   ATHRORITIES
                                               )
17                                             )   Date: ______________ [Instructions: Insert
                                               )   date of MSJ hearing]
18                                             )   Judge: ______________ [Instructions:
                                               )   Insert name of judge]
19                                             )   Trial Date: ______________ [Instructions:
                                               )   Insert trial date]
20
                                                   FILED CONCURRENTLY WITH
21                                                 ______________ [Instructions: Set forth
                                                   documents that are also being filed with the
22                                                 MSJ. i.e. Separate Statement of Undisputed
                                                   Facts, Declarations, and Exhibits]
23
24
     TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
25
            PLEASE TAKE NOTICE that on ________________ [Instructions: Insert date of
26
     motion for summary judgment] at ________________ [Instructions: Insert time of hearing
27
     for motion], or as soon thereafter as counsel may be heard in Department ________________
28

                                              2
                                MOTION FOR SUMMARY JUDGMENT
 1   [Instructions: Insert department number or letter] of the above-entitled court located at
 2   ________________ [Instructions: Insert complete address of courthous
				
DOCUMENT INFO
Shared By:
Tags:
Stats:
views:663
posted:5/14/2012
language:English
pages:8
Description: This Motion for Summary Judgment Template lays out the proper format for bringing a summary judgment motion. A motion for summary judgment is filed by a party in litigation seeking to obtain a judgment on all or part of the case in a summary fashion, without going to trial. In order to succeed, the moving party must demonstrate that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. In other words, the moving party must show that the undisputed facts in the case entitle it to win under the relevant laws. This motion is accompanied by a memorandum of points and authorities which set forth a statement of facts and the moving party's argument. A template for the memorandum of points and authorities is also provided. This template should be used by a party when making a motion for summary judgment.