Plaintiff Motion For Summary Judgment Example California

State:
Multi-State
Control #:
US-01923BG
Format:
Word
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Description

The Plaintiff Motion for Summary Judgment example in California is a legal document used to support a plaintiff's request for a court ruling in their favor without a trial. It is essential for attorneys, partners, owners, associates, paralegals, and legal assistants who are involved in civil litigation. This form outlines the relevant facts of the case, which the plaintiff must attest to with personal knowledge, thereby asserting their competence to testify if necessary. Users will find that this motion includes an affidavit, which must be sworn before a notary public, as well as a certificate of service to ensure all parties are notified. Key features include clear sections that necessitate specific factual descriptions and proper formatting, necessary for legal clarity. Filling out this form requires attention to detail, including correct names, dates, and signatures, while editing should ensure compliance with local court rules. The motion is particularly useful in situations where the plaintiff believes there is no genuine issue of material fact, streamlining the process and reducing the need for a lengthy court trial.
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FAQ

(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

Examples of summary judgement motions John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.

Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.

A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.

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Plaintiff Motion For Summary Judgment Example California