PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Separate Statement
.........Failure to File
............Cases Reversing Motion Grant
4 Cards On This Topic:

P's failure to file adequate separate statement deprived neither D nor trial court of notice of factual disputes and supporting evidence on which P's opposition based, and SJ for D was abuse of discretion.

Court abused discretion in entering SJ rather than continuing motion to allow D to file separate statement.

When SJ involves relatively simple issues and only a few pages of evidence, responding party’s failure to file separate statement does not justify SJ.

Discretion to grant SJ or SA motion for failure to comply with separate statement requirement sparingly exercised only in most extenuating circumstances.