Summary Judgment and Summary Adjudication by VyoWJj

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									Summary Judgment and
Summary Adjudication

       LA 310
Motions for Summary Judgment
  or Summary Adjudication

CCP section 473(c); FRCP Rule 56

Defined: Motions made during civil
litigation to dispose of all or parts of a
case without a trial when there is no
genuine issue as to the material facts
of the case for a jury to decide and a
party is entitled to judgment as a
matter of law.
   Motions for Summary
   Judgment or Summary
       Adjudication
The purpose of Summary Judgment
and Summary Adjudication Motions is
to provide courts with a mechanism to
cut through the parties pleadings in
order to determine whether, despite
their allegations, trial is in fact
necessary to resolve their dispute
Motions for Summary Judgment
  or Summary Adjudication
Summary Judgment -
 – Resolves the entire action before trial in
   favor of one party
 – Plaintiff’s case is dismissed because
     Cannot establish an element of the cause of
     action or
     Defendant has a complete defense (i.e. Statute
     of Limitations)
 – Defendant’s case is dismissed because
     All plaintiff’s allegations are true
     Defendant has no valid defenses
Motions for Summary Judgment
  or Summary Adjudication
Summary Adjudication (“Partial
Summary Judgment”)
 – Available to dispose of one or more of the
   following:
     A cause of action
     An affirmative defense
     A claim for punitive damages
     An issue of legal duty (fiduciary duty,
     contractual duty, statutory duty)
 – Eliminates parts, but not all, of a party’s
   case
   Motions for Summary
   Judgment or Summary
       Adjudication
Summary Adjudication of Issues
– January 1, 2012 – CCP section 437c(s)(1)
– Permits Summary Adjudication of single
  issue (that does not dispose of case) if the
  parties stipulate or agree to bringing the
  motion
– Examples:
    Issues which are important but not dispositive
    Types of damages
– Federal procedure allows this type of
  motion w/o stipulation of the parties
Motions for Summary Judgment
  or Summary Adjudication
Test that Court applies:
  “Is there a triable issue of a material fact
  for a court or jury to decide ?”
   Note: Court does not “weigh” the
  evidence
         Credibility of witnesses not
  considered
         Need not meet burden of proof
         Only need to produce conflicting
  evidence
Motions for Summary Judgment
  or Summary Adjudication
When Summary Judgment or
Adjudication is successful:
 – No admissible evidence to prove the facts
   the other side has pleaded
 – Summary Judgment is most successful in
   simple cases
 – Summary adjudication is useful to simplify
   case by eliminating causes of action,
   defenses, etc.
Motions for Summary Judgment
  or Summary Adjudication
Plaintiffs are generally not successful
on MSJ or MSA
 – Because plaintiff must prove there is no
   dispute as to all elements of his case and
   that there are no facts to support
   defendant’s defenses
 – Defendant merely needs to show that one
   element of plaintiffs cause of action
   cannot be proved
MSJ or MSA are generally not
successful where the mental state or
      MSJ/MSA Procedure
Timing for the Motion – when can you file?
– Earliest date – 60 days after general
  appearance of party against whom the motion
  is made
– Latest date – about 3 ½ months (105 days)
  before trial
    Motion must be heard 30 days prior to trial and
    Must give 75 days notice of the hearing
– Continuance of trial date extends time for
  motion (unlike discovery cut-off)
        MSJ/MSA Procedure
Content of the Motion
1. Notice of Motion
2. Separate Statement of Undisputed Material
   Facts***
3. Memorandum of Points and Authorities
4. Evidence
    • Declarations
    • Discovery responses
    • Judicial Notice
•   Proof of Service
     MSJ/MSA Procedure
Notice of Motion
– Similar in format to other Notices
– 75 calendar days notice of hearing
– Notice must state if Motion for Summary
  Judgment, Motion for Summary Adjudication
  or both
    If Notice is only for Motion for Summary Judgment
    court cannot grant Summary Adjudication
– Specify the documents you are relying on to
  support the motion
      MSJ/MSA Procedure
Separate Statement of Undisputed
Material Facts
– A pleading that specifies all material facts that
  moving party contends are undisputed and a
  citation to evidence to support contention
– Material fact – important facts as opposed to
  immaterial facts that are not necessary to the
  resolution of the issues in the case
–*
      MSJ/MSA Procedure
Evidence to Support Motion
– Declarations from
    Witnesses
    Portions of depositons, interrogatory answers
    Answers to Requests for Admissions
    Documentary evidence
– Request for Judicial Notice of certain facts
      MSJ/MSA Procedure
Judicial Notice
– An evidentiary procedure in which the judge is
  ask to rule that certain facts are true and need
  not be proved by a party because the facts
  are beyond reasonable dispute
– Examples
    Laws of the State
    Content of public records – court files
    Meaning of words and phrases
    Scientific basis of accepted scientific tests
      MSJ/MSA Procedure
Memorandum Points and Authorities
– Similar to other Points and Authorities
– Cannot exceed 20 pages without prior court
  order
– If over 10 pages must have table of contents
  and table of authorities
      MSJ/MSA Procedure
Proof of Service of Motion and Supporting
Documents
– 75 calendar days notice (plus additional days
  for method of service)
– Must be served on all counsel
      MSJ/MSA Procedure
Opposition to MSJ/MSA
– Timing – filed and served at least 14 calendar
  days prior to the hearing
– Content of Opposition
    Separate Statement of Disputed and Undisputed
    Facts
    Memorandum of Points and Authorities
    Evidence in opposition
    Objections to evidence, if any
      MSJ/MSA Procedure
Opposing Parties Separate Statement of
Disputed and Undisputed Facts
– Must recite the moving party’s undisputed
  facts and respond to each
– If moving party’s facts are disputed must cite
  to evidence that supports the position
– May include other material facts that are in
  dispute
– Responding party is entitled to electronic copy
  of moving party’s Separate Statement * *
      MSJ/MSA Procedure
Objections to Evidence
– If there are objections to moving party’s
  evidence must cite to the evidence and state
  the objections
– Must include a proposed order for the court to
  rule on the objections
– Specific format required by the Rules of
  Court*
    Proposed Order on Objections*
     MSJ/MSA Procedure
Reply to Opposition
– Filed 5 days prior to the hearing
– Objections to responding party’s evidence
– Further points and authorities with legal
  argument

								
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