Legal Reference Question of the Week
Question: I just received a motion for summary judgment. What do I do now?
Answer: A motion for summary judgment may be filed by any party in “any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding” CCP §437c.
When one party files a motion for summary judgment, the other party may file an opposition motion “not less than 14 days preceding the noticed or continued date of the hearing, unless the court for good cause orders otherwise.”
According to California Civil Practice: Procedure an opposition motion must include:
1. A memorandum of points and authorities;
2. A separate statement of undisputed material facts in opposition to the motion for summary judgment;
3. Evidence in opposition to the motion for summary judgment – this may include affidavits, declarations, admissions, answers to interrogatories, and depositions; and
4. Requests for judicial notice, if appropriate (judicial notice is recognition and acceptance by the court of a matter of fact or law without requiring formal proof of the matter).
California Civil Practice: Procedure provides additional details on each requirement and is available in print at our Downtown and Vista locations. The electronic version of this practice treatise is available at all four locations.
Disclaimer: For this question, I researched one resource but we may have other materials in the library that provide the same information or additional information not covered in the resource used. Please note that the answers to these questions are not meant to be all-encompassing or to cover every nuance or exception that may apply. It is simply a starting point for you to conduct your own research.