California Motion for Summary Judgment Template

This Motion for Summary Judgment Template lays out the proper format for bringing a

summary judgment motion. A motion for summary judgment is filed by a party in

litigation seeking to obtain a judgment on all or part of the case in a summary fashion,

without going to trial. In order to succeed, the moving party must demonstrate that there

are no genuine issues of material fact and that the moving party is entitled to judgment

as a matter of law. In other words, the moving party must show that the undisputed

facts in the case entitle it to win under the relevant laws. This motion is accompanied by

a memorandum of points and authorities which set forth a statement of facts and the

moving party's argument. A template for the memorandum of points and authorities is

also provided. This template should be used by a party when making a motion for

summary judgment.

______________ [Instructions: Insert name of attorney and Bar number]

1 ______________ [Instructions: Insert address of attorney]

______________ [Instructions: Insert facsimile number / email address]

2 ______________ [Instructions: Insert telephone number]

3

4

Attorney for ______________ [Instructions: Insert either “Defendant” or “Plaintiff”]

5 ______________ [Instructions: Insert name of represented party]

6

7 SUPERIOR COURT OF THE STATE OF CALIFORNIA

8 FOR THE COUNTY OF ______________ [Instructions: Insert name of county]

9

10

______________ [Instructions: name of ) Case No.: ______________ [Instructions:

11 ) Insert case number]

plaintiff]

)

12 )

Plaintiff,

) ______________ [Instructions: Insert

13 ) “DEFENDANT’S” OR “PLAINTIFF’S]

v.

) NOTICE OF MOTION AND MOTION

14 ______________ [Instructions: Insert name ) FOR SUMMARY JUDGMENT OR, IN

of defendant] ) THE ALTERNATIVE, MOTION FOR

15 Defendants. ) SUMMARY ADJUDICATION;

) MEMORANDUM OF POINTS AND

16 ) ATHRORITIES

)

17 ) Date: ______________ [Instructions: Insert

) date of MSJ hearing]

18 ) Judge: ______________ [Instructions:

) Insert name of judge]

19 ) Trial Date: ______________ [Instructions:

) Insert trial date]

20

FILED CONCURRENTLY WITH

21 ______________ [Instructions: Set forth

documents that are also being filed with the

22 MSJ. i.e. Separate Statement of Undisputed

Facts, Declarations, and Exhibits]

23

24

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

25

PLEASE TAKE NOTICE that on ________________ [Instructions: Insert date of

26

motion for summary judgment] at ________________ [Instructions: Insert time of hearing

27

for motion], or as soon thereafter as counsel may be heard in Department ________________

28



2

MOTION FOR SUMMARY JUDGMENT

1 [Instructions: Insert department number or letter] of the above-entitled court located at

2 ________________ [Instructions: Insert complete address of courthous