Sample Opposition to Summary Judgment for California

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Sample Opposition to Summary Judgment for California Powered By Docstoc
					ANY ATTORNEY
LAW OFFICES OF ANY ATTORNEY
12345 ANY STREET
ANY TOWN, CA 55555
213-555-5555

Attorney for Defendants/Cross-Complainants




                  SUPERIOR COURT OF THE STATE OF CALIFORNIA

                          FOR THE COUNTY OF LOS ANGELES



ANY PLAINTIFF,                      )            CASE NO.
                                    )
                  Plaintiff,        )
                                    )
v.                                  )            OPPOSITION TO MOTION FOR
                                    )            SUMMARY JUDGMENT;
ANY DEFENDANTS,                     )            MEMORANDUM OF POINTS
                                    )            AND AUTHORITIES;
                  Defendants.       )            SEPARATE STATEMENT OF
                                    )            UNDISPUTED MATERIAL FACTS;
____________________________________)            DECLARATION OF ________
                                    )            EXHIBITS
AND RELATED CROSS-ACTIONS           )
                                    )            DATE:
                                    )            TIME:
                                    )            DEPT:
____________________________________)

       Cross-Complainant, _________________________ (“Cross-Complainant”), herein

submits its Opposition to Plaintiffs/Cross-Defendants Motion for Summary Judgment.

///
       The Opposition shall be based on this Opposition, the attached Memorandum of Points

and Authorities, the Declaration of Sheldon ________________________and Exhibits attached

thereto, and the Separate Statement of Undisputed Material Facts, concurrently filed and served,

on the complete files and records of this action, and on such other oral and/or documentary

evidence as may be presented at the hearing on the Motion.

Dated________________          ______________________________________________
                               ANY ATTORNEY




                   MEMORANDUM OF POINTS AND AUTHORITIES
                                                  I.

                                    STATEMENT OF FACTS

          This case arises out of ________________________________________________.

          Put down a brief description of the case, such as breach of contract action, with

cross-complaint, etc.

          Plaintiffs complaint alleges that________________________________________. Cross-

complainant denies all of the allegations of Plaintiffs’ complaint.

          Cross-complainant filed and served a Cross-Complaint for Breach of Contract, Fraud and

Declaratory Relief against ______________________________________.

          Cross-Defendants then filed their Motion for Summary Judgment contending that

because of the deemed admitted requests for admission against Cross-complainant that Cross-

complainant’s Cross-Complaint has no merit.

          Cross-complainant opposes Cross-Defendants Motion on the grounds that there are

triable issues of material fact in that ______________________________________.

Thus there are triable issues of material fact as to who breached the contract, whether Cross-

Defendants committed fraud against Cross-complainant, and as to whether Cross-complainant is

entitled to declaratory relief. Cross-complainant thus contends that the Court should deny Cross-

Defendants Motion and allow all of the claims in this case to be heard on their merits, as the law

favors.

          Cross-complainant contends that it can show credible evidence of triable issues of

material fact exist for all three causes of action of the Cross-Complaint.
        Be sure to modify these paragraphs to suit your individual

situation. Do NOT just use the wording here unless it definitely

applies to your particular situation.

                                                 II.

                                      LEGAL ARGUMENT

  SUMMARY JUDGMENT CAN ONLY BE GRANTED WHEN NO TRIABLE ISSUE

                           EXISTS AS TO ANY MATERIAL FACT

        Case law is clear that Summary Judgment can only be granted when no triable issues of

material fact exist.

        Summary judgment may only be granted when no triable issue exists as to any material

fact and the moving party is entitled to judgment as a matter of law. Villa v. McFerren (1995) 35

Cal. App.4th 733, 741. See also Thatcher v. Lucky Stores, Inc. (2000) 79 Cal.App. 4th 1081,

1086.

        Summary judgment is proper if, and only if, affidavits in support of motion, strictly

construed, contain facts sufficient to entitle moving party to judgment, and those of opposing

party, liberally construed, fail to show there is material issue of fact. Eott Energy Corp. v.

Storebrand Internat. Ins. Co. (1996) 45 Cal. App.4th 565, review denied.

        Summary judgment is appropriate only if facts upon which motion is based are sufficient

to sustain judgment in favor of moving party and if party opposing motion doe
				
DOCUMENT INFO
Description: This sample opposition to motion for summary judgment in California has a memorandum of points and authorities with citations to case law and statutory authority, and includes a separate statement of undisputed material facts, sample declaration and proposed order. The author is a freelance paralegal with over 14 years of experience in California civil litigation and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This document is also part of a package Over 30 Sample California Motions 32 Documents Included