PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Nature of Motion
.........Comparison with SA Motion
8 Cards On This Topic:
Statutory language authorizing Summary Adjudication of Cause(s) of Action, Affirm. Defense(s), Claim(s) for Damages or Issue(s) of Duty ("SA").
SJ procedures apply in Summary Adjudication motion.
1990 Code Civ. Proc. §437c (f) amendment narrowed SA from broad focus on "issues" to focus on C/As; no evidence it was meant to overturn SJ law by preventing D from establishing affirm. defense to action or C/A.
Summary adjudication once called "partial" SJ.
SA utilizes same procedural rules as summary judgment motions: SJ looks behind pleadings to determine if claims or defenses are sham or lack supporting evidence.
SA or SJ improper when cause of action in complaint stricken based only on legal argument unsupported by law or fact.
Summary judgment procedures apply to Summary Adjudication.
Ct. cannot refuse to rule on merits of SA motion where adjudication would not dispose of entire cause of action because 2 separate and distinct wrongful acts are combined in same cause.