Permanent Injunction Order With Motion In Contra Costa
Description
Form popularity
FAQ
A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial.
A moving party will now be required to file their motion and accompanying documents 81 days, rather than 75 days, before the hearing, opposition will be due 20 days before the hearing rather than 14, and the reply brief must be filed 11 days before the hearing rather than just 5 days.
Under Code of Civil Procedure § 437c(c), a 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 judgment as a matter of law." (Code Civ.
A summary judgment means the court believes there's no dispute worth resolving. However, this isn't always true. To avoid a summary judgment, it's essential to file a counter-motion with a supporting memorandum. If that step isn't taken, the judge may grant the motion.
Any response in opposition must be served and filed at least nine court days before the date set for hearing. Rule 3.525 amended effective January 1, 2007; adopted as rule 1525 effective January 1, 1974; previously amended effective January 1, 2005; previously amended and renumbered effective January 1, 2007.
(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.
