How to Prepare the Separate Statement for a Summary Judgment Motion

fingers on keyboard tying out a separate statement in support of a motion for summary judgmentEvery motion for summary judgment or summary adjudication must include “a separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed.” CCP §437c(b)(1). Here’s what to include in a separate statement and how to format it. Continue reading

Checklists for Documents Opposing a Summary Judgment Motion

The party opposing summary judgment has one objective: Convince the court that there’s at least one “triable issue of material fact.” CCP §437c(c). This objective should guide every aspect of the opposition’s separate statement and supporting memorandum. Cal Rules of Ct 3.1350(e). Here are checklists to help you meet all requirements and prepare these opposition documents to their best effect. Continue reading

8 Questions to Ask Before Making the Move for Summary Judgment

question_133773471Once you’ve considered the pros and cons of moving for summary judgment generally, you’re ready to get down to the specifics of your case and whether a summary judgment motion is the right move for you.

Continue reading

The Pros and Cons of Moving for Summary Judgment

procon_153899206Given that California courts’ no longer consider summary judgment to be a “disfavored” procedure, you should always think about moving for summary judgment. But make sure to weigh the pros and cons before making your move. Continue reading