Summary Judgment and Summary Adjudication

1. Summary Judgment and Summary Adjudication LA 310

2. 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.

3. 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

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

5. 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 party’s case

6. 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

7. 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

8. 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.

9. 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 defendant’s 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

10. 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)

11. 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

12. 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

13. 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 • *

14. 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

15. 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

16. 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

17. 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

18. 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

19. MSJ/MSA Procedure • Opposing Parties Separate Statement of Disputed and Undisputed Facts • Must recite the moving party’s undisputed facts and respond to each • If moving party’s 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 party’s Separate Statement * *

20. MSJ/MSA Procedure • Objections to Evidence • If there are objections to moving party’s 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*

21. MSJ/MSA Procedure • Reply to Opposition • Filed 5 days prior to the hearing • Objections to responding party’s evidence • Further points and authorities with legal argument