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. This motion is typically based on the argument 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 party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.

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 for Motion

• 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 does not dispute that he owes the remaining half to the plaintiff – the defendant did not pay back the rest 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 75 days before the trial date and heard no later than 30 days before the date of trial.

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 Los Angeles litigation attorney, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.