A sample motion for summary judgment in an unlawful detained case in California is a legal document filed by a party seeking to obtain a judgment in their favor without going through a full trial. It is an efficient approach to resolve eviction cases quickly, based on the assertion that there is no genuine dispute of material facts and the moving party is entitled to judgment as a matter of law. Unlawful detained cases refer to situations where a landlord seeks to evict a tenant due to various reasons, such as failure to pay rent, violation of lease terms, or expiration of a lease agreement. To initiate the process, the landlord must file a complaint in the appropriate court and serve the tenant with a summons and complaint. A sample motion for summary judgment comes into play when the landlord believes that there are no disputed facts in the case, and based on the law, they are entitled to the property's possession. This motion is typically utilized when the tenant fails to present a valid defense or fails to respond to the complaint within the allotted time. There are different types of sample motions for summary judgment in unlawful detained cases in California, depending on the specific circumstances involved. Some common variations are: 1. Non-payment of Rent: This type of motion can be used when the tenant has failed to pay rent, and the landlord seeks to recover possession of the property because of the unpaid amount. 2. Breach of Lease: If the tenant has violated terms mentioned in the lease agreement, such as unauthorized pets, property damage, or conducting illegal activities on the premises, the landlord may file a motion for summary judgment based on the breach of lease. 3. Notice Requirement: In California, before filing an unlawful detained complaint, the landlord must serve the tenant with specific notices, such as a three-day notice to pay rent or quit. If the tenant fails to comply with these notices, the landlord may pursue a motion for summary judgment based on the tenant's failure to follow the proper legal procedures. 4. Holdover Tenancy: When a lease agreement expires, but the tenant continues to occupy the property without the landlord's consent, the landlord can file a motion for summary judgment to regain possession of the property due to the holdover tenancy. 5. Abandoned Property: If the tenant has abandoned the property by not occupying it or showing any intention to return, the landlord may file a motion for summary judgment based on abandonment, allowing them to recover possession. When preparing a sample motion for summary judgment in an unlawful detained case in California, it is crucial to consult with an attorney or use legally approved templates to ensure compliance with the appropriate court rules and statutes.
Sample Motion For Summary Judgment Unlawful Detainer California
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A defendant filing a motion for summary judgment must meet their burden of showing that a cause of action has no merit by showing that one or more elements of a cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action.
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.
(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.
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.
(2) "Material facts" are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.
