This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Alameda California Motion for Summary Judgment by Defendant with Notice of Motion
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State:
Multi-State
County:
Alameda
Control #:
US-00920BG
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Word;
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How to fill out Alameda California Motion For Summary Judgment By Defendant With Notice Of Motion?
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Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.
Application and Notice Requirements An ex parte application must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of the party if known to the applicant.
Ex Parte Applications In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing), file the motion with the court, and. give notice of the hearing date as required by law.
"Meet and Confer" requirements apply to demurrers, motions to strike, and for judgment on the pleadings (CCP Sections 430.41, 435.5, 439(a)). Meet and confer must be in person or by telephone, and set forth in a declaration. There is an automatic 30-day extension if unable to comply.
A noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk. At a hearing, the court later makes its decision to either grant or deny the applicant's motion.
Summary judgment is an application that can be brought during proceedings if one party believes that it has an overwhelmingly strong case. Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.
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. Summary Judgment allows a judgment to be entered without the proceedings of a full trial.
A Notice of Motion for Summary Judgment and Motion for Summary Judgment provides written notice to the Court that you are filing the Motion. The Notice of Motion for Summary Judgment must be filed no later than 31 days before the hearing date set for the Motion.
Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages.
The statutory authorization for a motion for summary judgment in California is found in Code of Civil Procedure section 437c(a)(1) which states in pertinent part that, Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the
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This guide provides general information for Californians who are facing debt collection lawsuits in the Superior Courts of California. WASTE MANAGEMENT OF ALAMEDA COUNTY et al., Defendants and Respondents. Paulo Kline Simon recently prevailed on a motion for summary judgment in a premises liability action filed against our client in Alameda County. The Dismissal Motion and Judgment in the Alameda Action. Shortly after the enactment of Senate Bill No. 4, defendants in intervention in the. 11.19. One of the most common yet arduous motions litigators encounter in their practice today is a Motion for Summary Judgment ("MSJ"). Be prepared to describe your problem in a brief, clear summary.