Issue: In California, what are the standards for summary judgment?
|Area of Law:||Litigation & Procedure|
|Keywords:||Summary judgment; No triable issue as to any material fact; Judgment as a matter of law|
|Cited Cases:||53 Cal. App. 4th 1373; 62 Cal. Rptr. 2d 368; 60 Cal. Rptr. 2d 195|
|Cited Statutes:||California Code of Civil Procedure § 437(c); Cal. Civ. Proc. Code § 437(f)(1)|
California Code of Civil Procedure § 437(c) provides that a "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." Under the statute,
[a] party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action.
Cal. Civ. Proc. Code § 437(f)(1). Summary judgment is properly granted if the court concludes that there remains no question of fact and the issues can be decided as a matter of law. Sanchez v. Swinerton & Walberg Co., 47 Cal. App. 4th 1461, 1465, 55 Cal. Rptr. 2d 415, 418 (1996). Once the moving party has met its burden, the opposing party bears the burden of presenting evidence that there is a triable issue of fact as to any essential element of a cause of action. Id., 47 Cal. App. 4th at 1465, 55 Cal. Rptr. 2d at 418. The trial court must grant summary adjudication when the moving party establishes the right to the entry of judgment as a matter of law. […]