1. © 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION SUMMARY JUDGMENT

2. 2 SUMMARY JUDGMENT  Adjudication of entire lawsuit without trial  Available when there are no issues of material fact  Judge may apply law without a jury

3. 3 MATERIAL FACT— a fact that “matters” to the outcome.

4. 4 ADVANTAGES: avoid trial save money learn opposition’s case pins down witnesses

5. 5 DISADVANTAGES: expensive takes time pins down witnesses requires revealing case rarely win

6. 6 SUMMARY ADJUDICATION  Adjudication of individual causes of action/ defenses  Available when there are no issues of material fact in cause or defense  Judge may apply law without a jury

7. 7 ADVANTAGES: may reduce trial costs, exposure learn opposition’s case pins down witnesses

8. 8 DISADVANTAGES: expensive takes time requires revealing case pins down witnesses learn opposition case

9. 9 MSJ AND SUMMARY ADJUDICATION  May be combined

10. 10 STATE COURT TIMING 60 day “hold” 75–80 days’ notice Before 30-day cutoff

11. 11 FEDERAL COURT TIMING 20-day “hold” 10 days’ notice—but see local rules! Pre-trial cutoff set by judge

12. 12 MOTION STRUCTURE State Court Notice must state:  specific relief sought (MSJ/MSA)  party against whom relief sought  grounds and evidence

13. 13 MSA NOTICE Must also state: specific causes of action or defenses for which adjudication is sought

14. 14 POINTS AND AUTHORITIES Required Same format as other motions Should include procedural posture prior motions discovery status

15. 15 SEPARATE STATEMENT UNDISPUTED FACT Lists:  each fact necessary for relief  evidentiary source of each fact

16. 16 SUPPORTING EVIDENCE To show no dispute of fact:  declarations  exhibits (authenticated)  same evidentiary limits as trial

17. 17 OPPOSING MSJ/MSA State Court Due 14 days before hearing—no 5 days for mailing! Federal Court Due anytime before hearing—but check local rules!

18. 18 OPPOSING MSJ/MSA  Points and Authorities  Separate Statement of Disputed Fact  Supporting evidence  Objections to movant’s evidence

19. 19 SEPARATE STATEMENT DISPUTED FACT— reconstructs movant’s Separate Statement, but includes references to evidence showing disputes of fact.

20. 20 REPLY OPTIONAL  Rebuts argument in Opposition  Presents objections to opposing evidence  Offers additional evidence  Due 5 days before hearing (state court)

21. 21 ORDER GRANTING MSJ— simple order stating no dispute of fact.

22. 22 ORDER GRANTING MSA— simple order specifying precise cause/defense, stating no dispute of fact.

23. 23 ORDER DENYING MSJ/MSA Must list:  each disputed fact  all evidence showing disputes exist

24. 24 FEDERAL COURT MSJ/MSA  No requirement for separate statement  Order denying lists facts “if practical”

25. 25 SUMMARY MSJ/MSA Purpose, Structure PREVIEW Trial-Setting Procedures SUMMARY MSJ/MSA Purpose, Structure PREVIEW Trial-Setting Procedures