PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Moving Papers
.........Notice of Motion
9 Cards On This Topic:
  • Notice of SJ motion must be in writing, and state when, and grounds upon which, it will be made, and papers upon which it is to be based.
  • Opening paragraph of notice of motion required to contain specific information.
  • Absent consent of parties, trial court does not have authority to shorten CCP 437c minimum notice period for hearing of summary judgment motion.
  • Counsel had adequate notice of SJ motion by personal service at old office in same building; he did not deny service and had not notified opposing attorney of move.
  • Personal service of notice of SJ motion on 8/15 set for 8/25 satisfies Code Civ. Proc. §437c ’s [former] 10 days’ notice provision.
  • SJ improper when no proper notice of a SJ hearing given to opposing party.
  • Request for SA must be in notice of motion.
  • Request for SA must be in notice of motion.
  • Issues on which SA is sought must be set forth specifically. Ct. cannot deal with subsidiary questions not listed in motion.