In California civil litigation, a motion for summary judgment can be a powerful tool to resolve a case without the need for a full trial. Whether you are a plaintiff or a defendant, understanding the rules, standards, and impact of summary judgment is critical. For Los Angeles residents facing a lawsuit, this legal mechanism can save time, money, and emotional strain when used effectively.
What Is Summary Judgment?
Legal Definition
Summary judgment is a court ruling that decides a case or a portion of it before trial. A judge grants summary judgment when there are no disputed material facts and the moving party is entitled to judgment as a matter of law.
Purpose
The main purpose is to streamline the legal process and avoid unnecessary trials when the facts are not in question.
When Can Summary Judgment Be Filed?
Timing in Civil Cases
In California, either party may file a motion for summary judgment after 60 days from the general appearance and at least 75 days before the trial date. The motion must clearly demonstrate the absence of triable issues.
Summary Adjudication
A party can also file for summary adjudication to resolve specific claims or issues within a case, rather than the entire case.
How Summary Judgment Works
Evidence and Declarations
The moving party must provide evidence—such as declarations, discovery responses, or admissions—showing there’s no factual dispute. The opposing party must then present contradictory evidence to defeat the motion.
Judge’s Role
The judge evaluates the facts in a light most favorable to the non-moving party. If genuine issues of material fact exist, the case proceeds to trial.
Legal Strategy and Implications
Benefits
Successfully obtaining summary judgment can eliminate weak claims early, reduce litigation costs, and lead to faster resolutions.
Risks
If denied, it can reveal your strategy to the opposing side and increase litigation costs. Consulting an experienced attorney is essential before filing.
Summary judgment can be a decisive step in California civil litigation. If you’re involved in a lawsuit in the Los Angeles area, understanding this legal option can significantly impact your case’s direction, Law Advocate Group, LLP can help. Contact us today for guidance on filing or opposing a summary judgment.
