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 credibility of
witnesses is at issue
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