California Motion for Summary Judgment Template

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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
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     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]
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     ______________ [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]
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                                                   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]
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     TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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            PLEASE TAKE NOTICE that on ________________ [Instructions: Insert date of
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     motion for summary judgment] at ________________ [Instructions: Insert time of hearing
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     for motion], or as soon thereafter as counsel may be heard in Department ________________
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                                              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 courthouse],
 3   ________________ [Instructions: Insert name of party filing motion] will move this court for
 4   an order granting summary judgment in favor of ________________ [Instructions: Insert name
 5   of the party making the motion].
 6
 7   This motion is made pursuant to ________________ [Instructions: Cite to relevant codes
 8
     section. i.e. §437c of the California Code of Civil Procedure sections on the grounds that
 9   there are no triable issues of material fact] and of ________________ [Instructions: Insert
10   name of the party making the motion] is entitled to judgment as a matter of law. This motion
11   will also be based on ________________ [Instructions: Insert all information that the motion
12   is based upon. i.e. the memorandum of points and authorities, Statement of Undisputed
13   Facts, Declarations, Exhibits, Depositions], and upon such other and further oral and
14   documentary evidence as may be presented at the hearing on this motion.
15
16   DATED: ________________             Respectfully submitted,
17   [Instructions: Insert date]         By ________________ [Instructions: Insert name]
18                                       Attorneys for ________________ [Instructions: Insert
19                                       “Defendant” or “Plaintiff” and full name].
20
21
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24   [Comment: User must also check the local court rules to ensure that the pleading complies
25   with all the requirements]
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                                                 3
                                   MOTION FOR SUMMARY JUDGMENT
 1                                    TABLE OF CONTENTS
 2   1.    INTRODUCTION AND SUMMARY OF ARGUMENT …………… __________
 3         [Instructions: Insert page #]
 4   2.    STATEMENT OF FACTS …………… __________ [Instructions: Insert page #]
 5   3.    SUMMARY JUDGMENT IS PROPER BECAUSE __________ [Instructions: Set forth
 6         argument for summary judgment] …………… __________ [Instructions: Insert
 7         page #]
 8   4.     CONCLUSION …………… __________ [Instructions: Insert page #]
 9
10
11   [Comment: User should add more sections as needed.]
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                                              4
                                MOTION FOR SUMMARY JUDGMENT
 1                                  TABLE OF AUTHORITIES
 2   California Case Law
 3   __________ [Instructions: Cite to case] … __________ [Instructions: Insert page # where
 4   case appears in motion for summary judgment]
 5
 6   Federal Case Law
 7   __________ [Instructions: Cite to case] … __________ [Instructions: Insert page # where
 8   case appears in motion for summary judgment]
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                                             5
                               MOTION FOR SUMMARY JUDGMENT
 1
 2                      MEMORANDUM OF POINTS AND AUTHORITIES
 3                                                      1.
 4                         INTRODUCTION AND SUMMARY OF ARGUMENT
 5          ________________ [Instructions: Set forth introduction and summary of argument]
 6
 7                                                      2.
 8                                         STATEMENT OF FACTS
 9          ________________ [Instructions and Comment: Set forth supporting facts. User will
10   need to, also, include a separate statement of facts which lists the relevant facts.]
11
12                                                      3.
13          SUMMARY JUDGMENT IN FAVOR OF ________________ [Instructions: Set
14   forth name of moving party] IS PROPER BECAUSE ________________ [Instructions: Set
15   forth basis for summary of argument]
16
17           [Comment: This section should focus on applying the law to the relevant facts in this
18   section]
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20
21          [Comment: User should insert additional sections as needed, in order to create a
22   compelling motion for summary judgment]
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25                                              CONCLUSION
26          ________________ [Instructions: Insert conclusion of argument]
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                                               6
                                 MOTION FOR SUMMARY JUDGMENT
 1
 2   DATED: ________________            Respectfully submitted,
 3   [Instructions: Insert date]        By ________________ [Instructions: Insert name]
 4                                      Attorneys for ________________ [Instructions: Insert
 5                                      “Defendant” or “Plaintiff” and full name].
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                                                 7
                                   MOTION FOR SUMMARY JUDGMENT
     
				
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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.