Motion for Summary Judgment in California

What Is a Motion for Summary Judgment?

A motion for summary judgment or “MSJ” in California is a legal request made to the court, asking for a judgment in favor of one party without going to trial. For a motion for summary judgment to be granted, the party must show that there are no genuine issues of material fact to be tried, and that the moving party is entitled to judgment as a matter of law. A material fact is one that, if proven, can influence the outcome of the case.

In other words, the motion is stating, “it would be a waste of time to go to trial because the who, what, when, where facts cannot be disputed, and if those facts are true, we should receive a judgment right now”. The motion for summary judgment, itself, is similar to a “trial on paper”, and provides all the evidence that supports the material facts.

Purpose

• Efficiency: The motion aims to resolve cases more quickly and efficiently by avoiding unnecessary trials when the facts are undisputed.
• Legal Clarity: It clarifies legal issues and can help establish precedents or guide further proceedings.

Grounds

• No Genuine Issues of Material Fact: The moving party must demonstrate that there are no significant factual disputes that would require a trial to resolve.
• Entitlement to Judgment: The moving party must show that, based on the undisputed facts, they are entitled to judgment under the law.

Process

• Filing: The motion is filed with the court, along with supporting documents, such as declarations, affidavits, and evidence (like documents or deposition transcripts).
• Notice: The opposing party must be given notice of the motion and a chance to respond.
• Opposition: The opposing party can file an opposition to the motion, presenting their arguments and evidence to demonstrate that there are indeed issues of material fact that warrant a trial.
• Hearing: A court hearing is scheduled where both parties can present their arguments. The judge will evaluate the evidence and legal arguments presented.

Outcome

• Granted: If the court finds no genuine issues of material fact and agrees that the moving party is entitled to judgment, it will grant the motion, resulting in a judgment in favor of that party.
• Denied: If the court determines that there are factual disputes that require examination, the motion will be denied, and the case will proceed to trial.

Examples

• Everyone agrees that the defendant borrowed money from the plaintiff, and only paid back half. The defendant admits that he still owes the remaining half to the plaintiff, but the defendant did not pay it because he fell on hard times and did not have the money. In this case, it does not make sense to go to a trial to determine if the defendant owes the remaining half to the plaintiff, because the defendant admits he owes it.
• The plaintiff claims he lent money to the defendant and is demanding repayment. The defendant claims it was not a loan, but a gift. Because there is a disagreement about whether the money was a loan or gift, there is a material issue of fact in dispute. A loan means the money is repayable, but a gift is not. In this scenario, a trial is necessary.

Timing

In California, a motion for summary judgment must generally be filed at least 81 days before the hearing date and heard no later than 30 days before the date of trial. The previous 75 day deadline to file a motion for summary judgment was extended to 81 days, effective January 1, 2025.

Importance

Summary judgment motions are crucial in civil litigation as they can significantly impact the course of a case, potentially resolving it before it reaches trial. They require careful legal analysis and effective presentation of evidence and arguments.

For a confidential consultation with an experienced civil litigation attorney, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.