In California civil litigation, summary judgment is a procedural tool that can resolve a case without the need for a full trial. It allows a judge to decide the case based on the evidence presented, provided there are no significant factual disputes. In this blog post, we’ll explain how summary judgment works in California and its implications for plaintiffs and defendants.
What is Summary Judgment?
Summary judgment is a legal motion filed by a party seeking to have the court rule in their favor without a trial. This motion argues that the key facts are undisputed and the law supports the moving party’s position. If granted, the case is resolved, saving time and resources.
The Legal Standard for Summary Judgment in California
In California, the party filing for summary judgment (the “moving party”) must demonstrate:
• No Triable Issue of Material Fact: The evidence must show there is no genuine dispute over critical facts.
• Entitlement to Judgment as a Matter of Law: The moving party must prove they are legally entitled to win based on the undisputed facts.
The opposing party (the “non-moving party”) can contest this by presenting evidence that disputes these facts or shows there is a legitimate issue requiring trial.
The Process of Filing a Motion for Summary Judgment
Filing the Motion
• The moving party must file and serve the motion at least 75 days before the hearing date, per California Code of Civil Procedure Section 437c.
• The motion must include supporting documents, such as declarations, affidavits, and evidence to demonstrate the absence of factual disputes.
Opposition to the Motion
• The opposing party must file their response at least 14 days before the hearing. This includes presenting evidence that contradicts the moving party’s claims.
The Court’s Decision
• If the judge determines there are no triable issues of material fact, they may grant the motion and resolve the case. Otherwise, the case proceeds to trial.
When Can Summary Judgment Be Used?
Civil Cases
Summary judgment is common in civil cases, such as breach of contract, personal injury, or employment disputes, where evidence can conclusively support one side’s claims.
Partial Summary Judgment
In some cases, summary judgment can address specific issues or claims within a case, narrowing the scope of the trial.
Benefits and Drawbacks of Summary Judgment
Benefits
• Time and Cost Savings: Avoiding trial reduces legal fees and court expenses.
• Efficient Resolution: It provides a quicker conclusion to disputes.
Drawbacks
• Limited Opportunity to Argue: The non-moving party must rely solely on written evidence.
• Appeals: If granted improperly, it can lead to an appeal, extending the litigation process.
Summary judgment is a powerful tool in California litigation, offering an efficient way to resolve cases without trial. However, it requires meticulous preparation and strong evidence. If you’re navigating a legal dispute, consult with experienced attorneys at Law Advocate Group, LLP to understand your options and build a robust case.
