Making and Opposing a Summary Judgment Motion: Here's how and when to Do it
Continuing Education of the Bar, California, 2009 - Motions (Law) - 109 pages
"This Action Guide sets forth the procedures that attorneys for both moving and opposing parties need to follow before, during, and after a motion for summary judgment and/or summary adjudication. It includes an analysis of the California Rules of Court that affect the form and format of such motions. This Action Guide does not cover federal procedures for summary judgment and summary adjudication motions."--Scope of Guide.
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Before Moving for Summary Judgment or Summary Adjudication
DISTINGUISH FACTUAL FROM LEGAL DISPUTES
Evaluating Burdens of Persuasion and Production
33 other sections not shown
affidavits or declarations affirmative defense Aguilar v Atlantic appeal Atlantic Richfield authenticating bad faith Biljac C4th CA3d CA4th Cal Rules California cause of action Check local rules Civ Proc claim for damages COMPLY copy Corp CR2d CR3d DEADLINE dispute document evidentiary objections exhibit Express Mail expressly rule Further Research hearing date hearsay Identify issue of duty issue of fact issue of material JUDGE'S PERSPECTIVE judgment or summary judicial notice matter motion for summary move for summary moving papers moving party notice of motion opposing party opposition oral original party's plaintiff pleadings PREPARE Proc Before Trial procedural proposed order reply papers requirements REVIEW Rules of Ct Sample Form separate statement served and filed specific statement of undisputed Step 23 Step 48 Step 9 submitted summary adjudication summary judgment motion Superior Court 1995 supporting memorandum tentative ruling tion trial court undisputed material facts written objections