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Opposition to a Motion for Summary Judgment in California

Filing an opposition to a motion for summary judgment in California is the topic of this blog post.

This post will briefly discuss preparing an effective opposition to a motion for summary judgment in California.

A motion for summary judgment and/or adjudication in California is filed when a defendant contends the lawsuit filed by plaintiff has no merit and that there are no triable issues of material fact. It can also be filed by a plaintiff who contends that defendant has no defense(s) to the lawsuit and there are no triable issues of material fact.

The motion for summary judgment and/or adjudication can be made only after sixty (60) calendar days have passed since the general appearance of the other party, in other words 60 calendar days since the complaint has been filed, or the answer to the complaint has been filed.

The motion must be served and filed at least seventy five (75) calendar days before the hearing, and if the motion is served by mail an additional five (5) calendar days must be added to the notice period if the place of address is within the State of California.

Deadline for serving and filing opposition to a motion for summary judgment in California.

Any opposition must be served and filed at least fourteen (14) calendar days before the hearing and must include a separate statement that responds to each of the material facts contended by the moving party to be undisputed.

For unlawful detainer (eviction) actions the motion may be made at any time after the defendant has filed their answer on five (5) calendar days notice. Summary judgment shall be granted or denied on the same basis as a regular civil motion for summary judgment.

Any opposition to a motion for summary judgment in an eviction proceeding may be made orally at the hearing, or if the opposing party wishes the Court to consider written opposition the opposition may be filed at least one (1) court day before the hearing with service made by personal delivery to the moving party, or overnight mail.

The Court must allow all parties to present oral argument at the hearing on the motion for summary judgment.

While many motions for summary judgment are made many are not granted since the motion can only be granted when there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law.

And summary judgment is proper only if the affidavits in support of the motion, strictly construed, contain facts sufficient to entitle the moving party to judgment, and those of the opposing party, liberally construed, fail to show there is material issue of fact.Thus, the party moving for summary judgment has a very great burden of proof.

The moving party must demonstrate that under no hypothesis is there a material factual issue requiring a trial.  That is because absent the proper circumstances for a motion for summary judgment or partial summary judgment, the parties to a lawsuit are entitled to a trial, either by the court or by jury.  

And issue finding, rather than issue determination, is the pivot upon which summary judgment law turns.

California case law is well settled that any doubts regarding a Summary Judgment Motion must be resolved in favor of the opposing party. The declarations of the moving party are strictly construed, those of the opposing party are liberally construed, and doubts as to whether a summary judgment should be granted must be resolved in favor of the opposing party; the court focuses on issue finding, and it does not resolve issues of fact.

And if the evidence presented is equally conflicting the motion should be denied as the facts alleged in the evidence of the party opposing summary judgment and the reasonable inferences therefrom must be accepted as true.

The affidavits and declarations in opposition to a motion for summary judgment need only disclose the existence of a triable issue, they do not need to prove the opposition’s case.

Sample opposition to a motion for summary judgment in California for sale.

Attorneys or parties in California who have been served with a motion for summary judgment and wish to file an opposition can see below to view a portion of, or purchase a sample opposition to motion for summary judgment complete with a memorandum of points and authorities with full citations to case law and statutory authority, a separate statement of undisputed material facts, and a proposed order in Word format.

 

Law and motion litigation document package for California that contains over 90 sample documents.

Attorneys or parties in California that would like more information on a California law and motion litigation document package containing over 90 sample documents including a sample opposition to a motion for summary judgment can use the link shown below.

California law and motion litigation document package

 

Super litigation document package that contains over 200 sample legal documents for California and Federal litigation.

Attorneys or parties in California that would like more information on a super litigation documents package containing a sample opposition to a motion for summary judgment in California as well as over 200 other sample legal documents for California and Federal litigation can use the link shown below.

http://www.legaldocspro.net/super-litigation-document-package/

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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11 Responses

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

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  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.

    Thanks!

    Patrick Roche

    Like

  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.

    Like

    • 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.

      Like

  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.

    Thanks,

    Kevin

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    • 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.

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  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.

    Like

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

    Like

  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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