Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.
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.
Los Angeles, California Motion for Summary Judgment by Plaintiff for Breach of Contract is a legal document filed by the party who has suffered from a breach of contract in Los Angeles County, California. This motion seeks a judgment in favor of the plaintiff, based on the assertion that there are no genuine disputes of material fact and that the evidence supports a legal conclusion that the defendant breached the contractual obligations. In the Los Angeles County court system, there are different types of Motions for Summary Judgment that can be filed by plaintiffs for breach of contract. They include: 1. Traditional Motion for Summary Judgment: This is the most common type of motion where the plaintiff provides evidence, such as contracts, emails, invoices, or witness statements, to show that the defendant had a contractual obligation and failed to fulfill it. The plaintiff argues that there is no genuine dispute over the pertinent facts and that the court should rule in their favor. 2. Summary Adjudication Motion: This motion is filed when there are multiple claims in a case, and the plaintiff seeks a summary judgment on one or more specific issues in dispute, rather than the entire case. The plaintiff presents evidence and legal analysis to prove that there are no triable issues regarding the particular facts or elements of the claim. 3. Summary Judgment on Affirmative Defense Motion: This motion is used when the defendant asserts an affirmative defense, such as illegality, duress, or statute of limitations. The plaintiff aims to obtain a summary judgment by proving that the affirmative defense lacks merit or is legally insufficient, eliminating the need for further trial on that particular defense. 4. Summary Judgment on Punitive Damages Motion: In cases where the plaintiff seeks punitive damages due to the defendant's willful misconduct or gross negligence, this motion argues that there is no genuine dispute as to the defendant's culpability. The plaintiff provides compelling evidence and legal arguments to show that the defendant's conduct meets the required standard for punitive damages, justifying a summary judgment in their favor. When filing a Motion for Summary Judgment, it is crucial to include relevant facts, legal arguments, supporting evidence, and references to applicable laws and precedents. Working closely with an experienced attorney is highly recommended ensuring the motion is correctly prepared and aligned with the specific requirements and procedures of the Los Angeles County court system.
