Summary Judgment and Summary Adjudication

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Summary Judgment and Summary Adjudication

• LA 310

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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.
  

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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

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Motions for Summary Judgment or Summary
Adjudication

• Summary Judgment -
• Resolves the entire action before trial in favor
  of one party
• Plaintiffs case is dismissed because
• Cannot establish an element of the cause of
  action or
• Defendant has a complete defense (i.e. Statute of
  Limitations)
• Defendants case is dismissed because
• All plaintiffs allegations are true
• Defendant has no valid defenses

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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 partys case

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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

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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

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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.

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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 defendants 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

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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)

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MSJ/MSA Procedure

• Content of the Motion
• Notice of Motion
• Separate Statement of Undisputed Material
  Facts
• Memorandum of Points and Authorities
• Evidence
• Declarations
• Discovery responses
• Judicial Notice
• Proof of Service

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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

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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

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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

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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

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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

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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

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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

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MSJ/MSA Procedure

• Opposing Parties Separate Statement of Disputed
  and Undisputed Facts
• Must recite the moving partys undisputed facts
  and respond to each
• If moving partys 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 partys Separate Statement

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MSJ/MSA Procedure

• Objections to Evidence
• If there are objections to moving partys
  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

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MSJ/MSA Procedure

• Reply to Opposition
• Filed 5 days prior to the hearing
• Objections to responding partys evidence
• Further points and authorities with legal argument