Every 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.
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.
Once 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.