Sample motion for summary judgment by defendant in California

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This sample motion for summary judgment by a defendant in California is filed under Code of Civil Procedure section 437c on the grounds that summary judgment should be granted as no triable issue of material fact exists in that the plaintiff cannot establish a required element of a cause or causes of action, or that a complete defense to a cause or causes of action exists. The sample on which this preview is based is 18 pages and includes brief instructions, a table and contents and table of authorities with an opening summary of argument, memorandum of points and authorities with citations to case law and statutory authority, separate statement of undisputed material facts, sample declaration, proposed order and proof of service.

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Sample motion for summary judgment by defendant in California

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Party or Attorney Any Street Any Town, CA Telephone: 555-555-5555 Any Attorney or Party SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF _____________________________ Any Plaintiff, Plaintiff, v. Any Defendants,; and DOES 1 – 10, INCLUSIVE Defendants CASE NO. NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [Filed concurrently with Memorandum of Points and Authorities; Separate Statement of Undisputed Material Facts; Declarations of _______________ and ______; Exhibits; [Proposed] Order; and Proof of Service] Date: Time: Dept.: Judge: To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. - 1 -
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To view details of sample document packages created and sold by LegalDocsPro visit this website: http://www.legaldocspro.com/downloads.aspx Be sure to remove these notices before using this document. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that PLEASE TAKE NOTICE THAT on ____________________, at ________, or as soon after that as the matter can be heard, in Dept. _______of the above-entitled Court located at ______________________________________, Defendant,___________________ will move this court pursuant to California Code of Civil Procedure 437c for an order granting Defendant’s motion for summary judgment on the grounds that there are no triable issues of material fact and that Defendant is entitled to judgment as a matter of law. This motion is based upon this notice, on the attached memorandum of points and authorities, the separate statement of undisputed material facts, on the attached declaration(s), on the attached exhibits, and upon such oral and documentary evidence as may be presented to the Court by Defendant at the time of the hearing. NOTE THAT YOU CANNOT FILE THIS MOTION UNTIL AT LEAST 60 CALENDAR DAYS HAVE PASSED SINCE THE PLAINTIFF FILED THEIR COMPLAINT. YOU MUST GIVE AT LEAST 75 CALENDAR DAYS NOTICE OF THE HEARING AND ADD AT LEAST 5 CALENDAR DAYS ADITIONAL TIME FOR SERVICE BY MAIL. Dated:______________ _____________________________________________ ANY ATTORNEY OR PARTY - 2 -
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page I. STATEMENT OF FACTS………………………………………………………………...5 II. ARGUMENT………………………………………………………………………………3 A. SUMMARY JUDGMENT IS PROPERLY GRANTED WHERE THERE ARE NO TRIABLE ISSUES OF MATERIAL FACT AND THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW ……………………….6 B. THE COMPLAINT OF PLAINTIFF DETERMINES THE SCOPE OF RELEVANT ISSUES ON A SUMMARY JUDGMENT MOTION. PLAINTIFF CANNOT BRING UP ANY NEW ISSUES THAT WERE NOT PLEADED IN THEIR COMPLAINT IN OPPOSING THIS MOTION FOR SUMMARY JUDGMENT ………………...7 C. PLAINTIFF MUST NOW PRESENT SPECIFIC FACTS SHOWING THAT A TRIABLE ISSUE OF MATERIAL FACT EXISTS IN ORDER TO AVOID SUMMARY JUDGMENT AS DEFENDANT HAS MET THEIR BURDEN …....9 III. CONCLUSION…………………………………………………………………………….10 To view the sample document on which this preview is based visit: http://www.scribd.com/doc/218790947/Sample-Motion-for-Summary- Judgment-by-Defendant-in-California - 3 -
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