PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Definition; Authority
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Any party may move for SJ in any action or proceeding if it is contended that action has no merit or there is no defense.

D moving for SJ must prove right to judgment as matter of law.

If papers show no triable issue as to any material fact, moving party entitled to judgment as matter of law [CCP 437c (c)].

SJ motion is not a trial upon the merits, but a vehicle to determine whether there is an issue to be tried.

Error to recognize foreign-country money judgment upon a petition rather than a duly noticed motion for SJ, judgment on the pleadings, or trial under CA's Uniform Foreign-Country Money Judgment Recognition Act.

Using stipulation in lieu of SJ to create appellate review without compliance with mandatory requirements of SJ in not authorized by CCP nor court rules.

Court exceeded jurisdiction by issuing Supp. Case Management Order, to extent it precluded filing of SJ motion, but once SJ filed, court may adopt procedure not inconsistent with opinion.

Orange County Super. Ct. Rule which purports to authorize court to grant summary judgment in favor of party opposing motion, violates Code Civ. Proc. §437c.

Super. Ct. "policy" of discouraging parties from filing summary judgment and adjudication motions conflicts with established statutory procedures and is invalid.

Motion for summary judgment defined.