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Civil Procedure • Summary Judgment
CIVPRO#059
Legal Definition
California establishes the following burdens: (1) once a moving party establishes there is no issue of material fact and are entitled to judgment as a matter of law, (2) the burden shifts to the opposing party to produce evidence demonstrating an issue of at least one material fact.
Plain English Explanation
In California, when one side in a lawsuit wants to win without going to trial, they can file a motion for summary judgment. This is when the court can decide the case based on the law alone, without a trial, if there are no real disputes about the important facts. The process involves shifting burdens between the two sides.
(1) First, the party asking for summary judgment (called the moving party) has to prove that there’s no issue of material fact. In other words, they need to show that the key facts in the case are not in dispute and that, based on those facts, the law is clearly on their side. If they successfully show this, the court can potentially rule in their favor without a trial.
(2) Once the moving party does this, the burden shifts to the other side (the opposing party). Now, the opposing party has to produce evidence showing that there is still a disagreement over at least one important fact. This means they need to present enough evidence to convince the court that there’s something that should be decided at trial, rather than through a quick legal ruling.
This shifting of burdens ensures that cases only go to trial when there are real factual disputes, saving time and resources when the facts are clear-cut.
(1) First, the party asking for summary judgment (called the moving party) has to prove that there’s no issue of material fact. In other words, they need to show that the key facts in the case are not in dispute and that, based on those facts, the law is clearly on their side. If they successfully show this, the court can potentially rule in their favor without a trial.
(2) Once the moving party does this, the burden shifts to the other side (the opposing party). Now, the opposing party has to produce evidence showing that there is still a disagreement over at least one important fact. This means they need to present enough evidence to convince the court that there’s something that should be decided at trial, rather than through a quick legal ruling.
This shifting of burdens ensures that cases only go to trial when there are real factual disputes, saving time and resources when the facts are clear-cut.
