PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......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.