PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Nature of Motion
.........Comparison With Other Motions
 11 Cards On This Topic:
  • Upon motion, ct. may enter judgment pursuant to terms of settlement made per written stip.
  • Statutory language re: motion to strike.
  • SJ has similar purposes to motion to strike.
  • SJ is proper way to attack complaint as sham.
  • "Speaking motion" to dismiss replaced by SJ motion.
  • A party unsuccessfully moving for summary judgment cannot circumvent the 75-day notice and statement of material facts requirements of CCP §437c by then moving for reconsideration under CCP §1008(a).
  • SJ available to enforce oral, out-of-court settlement.
  • In limine motions to exclude are not "motions for summary judgment in disguise" since addressed to specific evidence, not issues, allegations or causes of action.
  • Motion to enforce settlement proper alternative to SJ, assuming signed writing or oral stip before ct.
  • Ct. should dismiss complaint where P fails to establish justiciable controversy. SJ for D in such circs achieves same result, but is not preferred procedure.
  • Comparison of judgment on pleadings and SJ motions.


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