When 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:
- Take 5 (Steps) Before Moving for Summary Judgment
- Which Summary Judgment Document Do You Draft First?
- The Pros and Cons of Moving for Summary Judgment
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Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: appealing a ruling, motion for new trial, motion for reconsideration, order granting summary judgment, relief from judgment |