PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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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.