PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
......Summary Adjudication In General
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Locating cases, statutory materials and court rules concerning Summary Adjudication (SA).
Motion for summary adjudication (SA) proceeds as motion for SJ in all procedural respects.
CRC rule 3.1350 specifies form for motions for Summary Judgment (SJ) and/or Summary Adjudication (SA).
Same rules for separate statements apply to motions for SA as apply to motions for SJ.
Burdens of proof in summary judgment and summary adjudication.
Party may not move for SJ based on issues asserted in prior denied SA motion unless s/he establishes to ct’s satisfaction newly discovered facts or circumstances supporting reasserted issues.
After SA grant, cause of action, affirmative defense, claim for damages, or issue of duty decided are deemed established; action proceeds as to those remaining.