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Opposition to a Motion for Summary Judgment in California




11 Responses

  1. […] here to read the rest: Opposition to Motion for Summary Judgment/Adjudication in … Share and […]


  2. I am acting as a pro per in a case, and will follow up directly with Stan Burman.

    I feel his blog is direct, honest and can be of great use in my case.


    Patrick Roche


  3. How many days notice are needed for notify the each party before a summary judgment hearing? Example. The attorney filed on 7-21. I got served 7/23. Hearing was set for 8/2.

    Previously, My motion to dismiss was set for 8-9 do to fact that attorney did not show. I filed 7/16, I served him 7/19.

    I feel the attorney was allowed to file before my motion to dismiss hearing.


    • Is this an unlawful detainer case? In that case at least 5 days notice is required. In a normal civil case at least 75 days notice must be given, and that is increased by 5 calendar days if the notice of motion is served by mail.


  4. Hi, Love your blog. I was hoping you could provide the citation for your contention that if the terms of a contract are at issue and any of the provisions are ambiguous, the court should not grant the summary judgment motion.




    • Kevin,

      Thanks for the compliment. Here is the citation.

      Where the terms of a contract are at issue and any of its provisions are ambiguous or unclear, the trial court should not grant summary judgment but allow the parties a full opportunity to produce evidence of facts, circumstances and condition surrounding execution of contract and conduct of parties relative thereto. Elliott v. Occidental Life Ins. Co. of Cal., (1964) 225 Cal. App. 2d 510, 515.


  5. Thanks for clarifying 14 Calendar days instead of Court days for reply to Motion for Summary Adjudication. You saved me a lot of headache.


  6. is it necessary to plus 5 days to these 14 days?


  7. […] File Name : Opposition to motion for summary judgment and/or Source : burmanparalegal.wordpress.com Download : Opposition to motion for summary judgment and/or […]


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