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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Motion for Summary Judgment

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 San Mateo

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 Timing

Sixty (60) Days After Commencement of the Action

A motion for summary judgment or summary adjudication may be brought at any time after sixty (60) days more...   

Must Be Heard Thirty (30) Days Before Trial

A motion for summary judgment or summary adjudication must be heard at least thirty (30) days before trial, more...

Cut-Off Date

Judges often set a specific cut-off date for motions for summary judgment or summary adjudication. more...

Served Seventy-Five (75) Days Before Hearing

Moving papers must be served at least seventy-five (75) days before the hearing date, eighty (80) days if more...

Opposition Papers--14 Days Before Hearing

Any opposition must be served and filed not less than 14 days preceding the noticed or continued date more...

Reply Papers--5 Days Before Hearing

Any reply must be served and filed by the moving party not less than 5 days preceding the more...

Law and Motion Calendars

All Law and Motion matters are heard in the Law and Motion Department except for the following matters, more...

.

 Rules and Requirements

Summary Judgment

Upon a showing that there is no triable issue of material fact and that the movant is entitled more...

Summary Adjudication

A motion for summary adjudication permits the court to adjudicate one or more causes of action, one or more...

If made in the alternative to a motion for summary judgment, a motion for summary adjudication may depend more...

Summary Adjudication of a Legal Issue or Claim

Editor's Note:The amendments to CCP 437c effective January 1, 2012 allow "adjudication of a legal issue or a more...

Incomplete Adjudication of a Claim Permitted

Notwithstanding subdivision (f), a party may move for summary adjudication of a legal issue or a claim for more...

Stipulation Required

This motion may be brought only upon the stipulation of the parties whose claims or defenses are put more...

Contents of Stipulation, Timing, Conference

Before a motion may be filed pursuant to this subdivision, the parties shall submit to the court a more...

Notice of Motion--Required Language

Any motion for summary adjudication brought under this subdivision shall contain the following language, or its substantial equivalent, in more...

"This motion is made pursuant to subdivision (s) of Section 437c of the Code of Civil Procedure. The more...

Signature Required

The notice of motion shall be signed by counsel for all parties, and by those parties in propia more...

Service of Stipulation, Objections

The joint stipulation shall be served on all parties, if any, who are not parties to the motion. more...

Summary Judgment Procedure

A motion for summary adjudication brought pursuant to this subdivision may be made by itself or as an more...

Change in Law

For the purposes of this section, a change in law does not include a later enacted statute without more...

Sunset Provision

This section shall remain in effect only until January 1, 2015, and as of that date is repealed, more...

Legal Standard

A cause of action has no merit if one or more of the elements cannot be separately established more...

Motion Must Be Supported

Documents In Support of Motion

The motion must contain and be supported by the following documents: more...

(1) Notice of motion by [moving party] for summary judgment or summary adjudication or both; more...

(2) Separate statement of undisputed material facts in support of [moving party s] motion for summary judgment or summary adjudication more...

(3) Memorandum in support of [moving party s] motion for summary judgment or summary adjudication or both; more...

(4) Evidence in support of [moving party s] motion for summary judgment or summary adjudication or both; and more...

(5) Request for judicial notice in support of [moving party s] motion for summary judgment or summary adjudication or both more...

Evidence

A motion for summary judgment must be supported by evidence. ; .The evidence may consist of declarations, admissions, answers to interrogatories, depositions and matters of which the court may take more...

Must Include Separate Statement of Undisputed Material Facts

A motion for summary judgment or summary adjudication must be supported by a Separate Statement of Undisputed Material more...

Documents In Opposition

The opposition to a motion must consist of the following documents, separately stapled and titled as shown: more...

(1) [Opposing party s] memorandum in opposition to [moving party s] motion for summary judgment or summary adjudication or both; more...

(2) [Opposing party s] separate statement of undisputed material facts in opposition to [moving party s] motion for summary judgment or summary more...

(3) [Opposing party s] evidence in opposition to [moving party s] motion for summary judgment or summary adjudication or both (if more...

(4) [Opposing party s] request for judicial notice in opposition to [moving party s] motion for summary judgment or summary adjudication more...

Must Include Affirmative Evidentiary Showing

Papers opposing a motion for summary judgment must include evidence. ; . more...

Burden and Burden Shifting

Once a moving party has met the initial burden of showing there is no defense to a cause more...

Opposition Must Include Separate Statement

Each material fact claimed by the moving party to be undisputed must be set out verbatim on the more...

Triable Issue of Material Fact

The memorandum opposing a motion for summary judgment must show that there is a triable issue of material more...

Continuance

If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication more...

Unavailability of Evidence

A party may oppose a motion for summary judgment on grounds of unavailability of evidence by giving detailed more...

 MOVING PAPERS

Caption

Demurrer

A demurrer must state, on the first page below the number of the case, the name of the more...

Subsequent Papers

On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on more...

Additional Information

The first page of the motion or demurrer must specify, immediately below the number of the case, the more...

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

A notice of motion must state in the opening paragraph the nature of the order being sought and more...

Notice of Motion For Summary Adjudication

Where summary adjudication is sought, the notice must specify the "specific cause of action, affirmative defense, claims for more...

Motion

Motion papers must include "the motion itself." .A motion must identify the moving party and the party to whom it is addressed, briefly state the more...

Memorandum of Points and Authorities

Required

Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...

To the extent practicable, a memorandum and its supporting declarations should be attached to the notice of motion. more...

Content

The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...

Twenty (20) Page Limit on Briefs

A memorandum in support of a motion for summary judgment may not exceed twenty (20) pages, not including more...

A memorandum that exceeds ten (10) pages shall include a table of contents and table of authorities. more...

A memorandum that exceeds fifteen (15) pages shall also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

San Mateo County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...

Interpreters and Translators

A party seeking to use an interpreter must give notice to the Court and all other parties of more...

Unless the interpreter is an official court interpreter, the party employing the interpreter must provide the interpreter's name more...

Unless all parties consent, a "relation or friend" may not serve as an interpreter or translator in a more...

Declarations

San Mateo County SmartRules procedural guide: DECLARATIONS. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

Judicial Notice

San Mateo County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Presentation of Evidence

If evidence presented in support of, or in opposition to, a motion for summary judgment or summary adjudication more...

 Additional Documents

Separate Statement of Undisputed Material Facts

A motion for summary judgment or summary adjudication must be supported by a Separate Statement of Undisputed Material more...

Content

The Separate Statement must set forth all material facts that the moving party contends are undisputed followed by more...

Form

The Statement must be arranged in two columns. Detailed instructions regarding the format are found in California Rules of Court 3.1350(d) and (h). more...

Separate Statement For Summary Adjudication

A summary adjudication separate statement must include headings identifying to which issue each set of material facts apply. more...

"ISSUE 1-THE FIRST CAUSE OF ACTION FOR NEGLIGENCE IS BARRED BECAUSE PLAINTIFF EXPRESSLY ASSUMED THE RISK OF INJURY" more...

Underneath each heading must appear the two columns described above. . more...

Request For Electronic Version of Separate Statement

On request, a party must within three days provide to any other party or the court an electronic more...

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Proposed orders may be filed and submitted electronically as provided in . . more...

San Mateo County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 FILING AND SERVICE

Filing

Method

San Mateo County SmartRules procedural guide: FILING DOCUMENTS. more...

Filing Fees

The schedule of San Mateo filing fees is available online at: more...

Proof of Service

Proof of service of moving papers must be filed no later than 5 court days before the hearing more...

Inadequate Proof of Service

In San Mateo County Superior Court, a proof of service is inadequate if it simply recites that the more...

Service

Parties Responsible for Electronic Service

Parties are responsible for electronic service. A party may serve documents electronically directly, by an agent, or through more...

Traditional Service Required for Nonparty

A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or more...

Facsimile Service or Express Mail Service

Service may be made by fax on written agreement of the parties. . Fax service completed after 5 p.m. is deemed to have occurred on the next court day. more...

 Hearing and Disposition

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled more...

Continuances and Taking Matters Off Calendar

The court may order monetary sanctions if a party fails to advise the court at least three (3) more...

In order to drop hearings, the moving party must send a written document to the Clerk's Office by more...

In order to continue or advance a matter, all parties must agree in writing to the new date. more...

Tentative Rulings

A tentative ruling on a law and motion matter may be obtained by telephoning , after 3:00 p.m. or by accessing the court s website at: more...

on the first court day immediately preceding the hearing on the motion. more...

.

Call Opposing Counsel Day Before Hearing To Confirm Appearance

Parties intending to appear on the matter shall notify the Law and Motion Department or the department hearing more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . San Mateo County SmartRules procedural guide: more...

Ruling and Order

San Mateo County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 Ruling On Motion for Summary Judgment and Effect on Trial

Court Must Specify Reasons for Determination

Where the court grants or denies a motion for summary judgment or summary adjudication on the ground that more...

When Summary Judgment Granted for Only Some Defendants

In actions arising out of an injury to person or property, where a motion for summary judgment is more...

When Summary Adjudication Granted Only As to Certain Issues

If a motion for summary adjudication is granted, the issue(s) as to which the motion was granted are more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior