PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Nature of Motion
.........Comparison with SA Motion
8 Cards On This Topic:
  • Statutory language authorizing Summary Adjudication of Cause(s) of Action, Affirm. Defense(s), Claim(s) for Damages or Issue(s) of Duty ("SA").
  • SJ procedures apply in Summary Adjudication motion.
  • 1990 Code Civ. Proc. §437c (f) amendment narrowed SA from broad focus on "issues" to focus on C/As; no evidence it was meant to overturn SJ law by preventing D from establishing affirm. defense to action or C/A.
  • Summary adjudication once called "partial" SJ.
  • SA utilizes same procedural rules as summary judgment motions: SJ looks behind pleadings to determine if claims or defenses are sham or lack supporting evidence.
  • SA or SJ improper when cause of action in complaint stricken based only on legal argument unsupported by law or fact.
  • Summary judgment procedures apply to Summary Adjudication.
  • Ct. cannot refuse to rule on merits of SA motion where adjudication would not dispose of entire cause of action because 2 separate and distinct wrongful acts are combined in same cause.