PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Supporting Evidence
.........Objections Waived
12 Cards On This Topic:
Objections to affidavits or decls requirements shall be made at hearing or shall be deemed waived.
Evidentiary objections not made at hearing deemed waived.
Written objection to evidence supporting or opposing SJ shall state page and line to which objection made, and grounds, with same specificity as motion to strike.
Party objecting to evidence in SJ motion papers must object in writing pursuant to Cal. Rules of Court, rule 3.1354 or make arrangements for reporter to be present at hearing.
Written objections preserved when raised at summary judgment hearing and nothing further counsel could have done to preserve them.
That moving party failed to file separate statement is grounds for denying SJ motion.
Failure to have objected to admissibility of documents not cited in separate statement waives objection to consideration of evidence on appeal.
Failure to object to defect in pleading statute of limitations defense bars litigating sufficiency of allegation for first time on appeal.
Violations by trial ct. of requirements that SA can only be granted if entire cause of action resolved and issue to be adjudicated set forth in moving papers waived by failure to raise in trial ct.
When evidentiary objections must be interposed.
1990 amendment to Code Civ. Proc. §437c overruled Witchell v. De Korne and Zuckerman v. Pacific Savings Bank re objections.
Pre-1981: Timely objection to inadmissible evidence need not be made at trial to preserve issue for appeal in SJ cases.