PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Burdens of Production
.........Improperly Pled Claims
5 Cards On This Topic:

Pleadings delimit scope of issues on summary judgment.

Where complaint was defective in failing to state a cause of action, D’s SJ motion was in legal effect motion for judgment on the pleadings .

Where pleadings deficient as failing to state cause of action, summary judgment may be granted to avoid unnecessary trial.

When judgment on pleadings motion required.

Despite inadequate allegations re delayed discovery of malpractice, Ds still had burden of proving P’s claim not time barred.