PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Nature of Motion
.........Comparison With Other Motions
10 Cards On This Topic:
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.
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.
Comparison of judgment on pleadings and SJ motions.
Upon motion, ct. may enter judgment pursuant to terms of settlement made per written stip.
SJ available to enforce oral, out-of-court settlement.
Motion to enforce settlement proper alternative to SJ, assuming signed writing or oral stip before ct.
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.