Civil Litigation: Summary Judgment

A "Summary Judgment" motion is often utilized if there is no genuine issue of disputable fact and a party is entitled to a judgment as a matter of law. "Summary Judgment" or "Summary Adjudication" of issues must be granted as a matter of law where there are no triable issues of material fact.

The California Code of Civil Procedure, Section 437c provides in pertinent part: 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... A party may move for summary adjudication as to one or more causes of action ... if that party contends that the cause of action has no merit.