Opposition to a motion for summary judgment in California

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

A motion for summary judgment in California can be filed by either a plaintiff or a defendant.

A plaintiff filing a motion for summary judgment is contending that the defendant has no defenses to the lawsuit and there are no triable issues of material fact so the plaintiff is entitled to judgment as a matter of law.

A defendant filing a motion for summary judgment is contending that the lawsuit filed by plaintiff has no merit as they cannot establish at least one of the elements of their causes of action and  there are no triable issues of material fact so the defendant is entitled to judgment as a matter of law.

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

Any opposition to a motion for summary judgment in California must be served and filed at least fourteen (14) calendar days before the hearing and MUST include a separate statement that responds to every one of the material facts contended by the moving party to be undisputed.  It is generally a good idea for the opposing party to prepare, serve and then file their own separate statement of undisputed material facts in support of their opposition.

The motion for summary judgment 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 or other general appearance 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.  There is no provision for shortening time on a hearing for a motion for summary judgment.

While motions for summary judgment in California are frequently filed, they are not always 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.

Grounds for opposition to a motion for summary judgment in California.

There are numerous grounds for opposing a motion for summary judgment and the party moving for summary judgment has a very high burden of proof.

A motion for summary judgment can only be granted 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.

A motion for summary judgment can only be granted when the moving party has demonstrated that under no hypothesis is there a material factual issue requiring a trial.

Any doubts as to whether or not a motion for summary judgment should be granted must be resolved in favor of the party opposing the motion for summary judgment.

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.

Any facts that are alleged in the evidence of the party opposing summary judgment and the reasonable inferences therefrom must be accepted as true.

If the evidence presented is equally conflicting the motion should be denied.

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.

The Court must allow all parties to present oral argument at the hearing on the motion for summary judgment.  See Brannon v. Superior Court (Crippen) (2004) 114 Cal.App. 4th 1203, 1211.

If you have been served with a motion for summary judgment you should contact an experienced civil litigation attorney as soon as possible.

Schedule a free consultation today.

Call (800) 691-2721 and let’s talk about your options.

CONTACT INFORMATION FOR NATHAN MUBASHER:

Law Offices of Nathan Mubasher
2621 Green River Rd, Ste 105 PMB 403
Corona, CA 92882
tel 1-800-691-2721 | fax 1-310-356-3660
www.mubasherlaw.com

DISCLAIMER:

Thank you for reading. I hope I could have been educational as I endeavor to provide my knowledge as a free public service. Please note that all the materials and information on this blog are general analyses made available for the public’s general informational purposes only. These analyses are not in any way intended to serve as specific legal advice to be applied in your particular situation. Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes, since this information would likely change based on any additional facts. Thus the transmission and receipt of information on this blog by anyone does not form or constitute an attorney-client relationship. My knowledge of laws is limited to California. Anyone receiving any information on this blog should not act upon the information provided without first obtaining the services of professional legal counsel licensed in their respective jurisdiction. Best of luck.

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Author: nathanmubasher

Attorney Nathan Mubasher earned a post-doctorate LL.M. in International Financial Transactions with emphasis on Money Laundering and Compliance at Thomas Jefferson School of Law, a J.D. at American College of Law, and his B.A. at University of California, Riverside. He is a member of the State Bar of California and is admitted to practice before all state and federal courts in California. He is also an active member of the American Health Lawyers Association and the California Society for Healthcare Attorneys. He has performed over 1,000 mediations and has Alternative Dispute Resolution (ADR) training from the United Nations Institute for Training and Research (UNITAR).

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