PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Summary Adjudication In General
8 Cards On This Topic:
  • Locating cases, statutory materials and court rules concerning Summary Adjudication (SA).
  • Motion for summary adjudication (SA) proceeds as motion for SJ in all procedural respects.
  • CRC rule 3.1350 specifies form for motions for Summary Judgment (SJ) and/or Summary Adjudication (SA).
  • Same rules for separate statements apply to motions for SA as apply to motions for SJ.
  • Burdens of proof in summary judgment and summary adjudication.
  • Party may not move for SJ based on issues asserted in prior denied SA motion unless s/he establishes to ct’s satisfaction newly discovered facts or circumstances supporting reasserted issues.
  • After SA grant, cause of action, affirmative defense, claim for damages, or issue of duty decided are deemed established; action proceeds as to those remaining.
  • In some instances, a petition for writ of mandate may be granted to prevent trial of non-actionable claims after an erroneous decision on summary adjudication.