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5 Ways to Challenge a Grant of Summary Judgment

fivesteps_140389068When a summary judgment motion is granted and you’re representing the opposing party, you have a few choices in how to respond. You can challenge the grant directly in the trial court by one of four motions or wait to appeal after the final judgment. Here’s a handy checklist to help you determine which tactic is available and most appropriate.

__   1.  Are there new or different facts justifying a motion for reconsideration under CCP §1008(a)?

__   a.  Has the 10-day limitation period after the order was made or known expired?

__   b.  Is there a legally sufficient explanation of why these facts were not presented earlier?

__   2.  Is there a basis for requesting a new trial under CCP §657?

__   a.  Has the limitation period for filing the motion expired?

__   b.  Is there newly discovered evidence or error or law?

__   3.  Is there a basis to seek relief under CCP §473?

__   a.  Has the motion been made within a reasonable time not exceeding 6 months after judgment’s entry?

__   b.  Is there evidence of “mistake, inadvertence, surprise, or excusable neglect”?

__   4.  Is there a basis to set aside the judgment by motion or separate action in the trial court on the ground of extrinsic fraud or mistake?

__   5.  Is there a basis for review by appeal after final judgment is entered?

For all you need to know to successfully challenge a summary judgment decision, turn to CEB’s California Summary Judgment.

Other CEBblog™ posts on summary judgment issues:

© The Regents of the University of California, 2015. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

3 Responses

  1. If it is a summary adjudication of some (but not all) causes of action, you don’t have to wait until the trial on all the other issues and a final judgment to appeal the summary adjudication; you can file a writ proceeding to get a decision from the court of appeal before the trial; argue that the writ proceeding avoids a multiplicity of trials in the action. Also, some summary judgments result from the trial court not applying the proper burden-of-proof rules. Chapter 4 (Evidentiary Burdens and Presumptions) in this CEB book lays it all out very well; easy to understand and get solid arguments for your brief and memorandum of the law: CEB’s California Summary Judgment; great book.

  2. […] 5 Ways to Challenge a Grant of Summary Judgment […]

  3. […] 5 Ways to Challenge a Grant of Summary Judgment […]

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