State Court Motion for Summary Judgment

[CAPTION PAGE]

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.

Case No.: [CASE NUMBER]

Assigned for All Purposes to:
Hon. [JUDGE NAME] – Dept. [DEPT.]

[PLAINTIFF/DEFENDANT]'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION;
MEMORANDUM OF POINTS AND AUTHORITIES;
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS;
DECLARATION(S) OF [DECLARANT NAME(S)] AND EXHIBITS

Date: [HEARING DATE]
Time: [HEARING TIME] a.m.
Dept.: [DEPT.]

Reservation ID: [IF APPLICABLE]

TABLE OF CONTENTS

1. NOTICE OF MOTION AND MOTION ............................................... 1

2. MEMORANDUM OF POINTS & AUTHORITIES ..................................... 3
   2.1 Introduction ............................................................................... 3
   2.2 Procedural Background ........................................................... 3
   2.3 Legal Standard ........................................................................ 4
   2.4 Undisputed Material Facts ...................................................... 5
   2.5 Argument ................................................................................. 6
   2.5.1 [First Cause of Action] .................................................. 6
   2.5.2 [Second Cause of Action] ............................................ 8
   2.6 Conclusion ............................................................................. 10

3. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS ................. 11

4. DECLARATION(S) OF [DECLARANT] .................................................. 17
5. PROOF OF SERVICE .......................................................................... 22

1. NOTICE OF MOTION AND MOTION

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [HEARING DATE] at [HEARING TIME] a.m., or as soon thereafter as the matter may be heard in Department [DEPT.] of the above-entitled court, located at [COURTHOUSE ADDRESS], [PARTY MOVING] ("Movant") will and hereby does move the Court, pursuant to California Code of Civil Procedure section 437c, for an order granting summary judgment, or in the alternative, summary adjudication of the issues specified herein.

This motion is made on the grounds that there is no triable issue of material fact and Movant is entitled to judgment as a matter of law on each cause of action (or specified issues) asserted in the [COMPLAINT/CROSS-COMPLAINT].

The motion is based upon this Notice, the accompanying Memorandum of Points and Authorities, Separate Statement of Undisputed Material Facts ("SSUMF"), the Declaration(s) of [DECLARANT NAME(S)] and exhibits thereto, all pleadings and records on file, and upon such further oral or documentary evidence as may be presented at the hearing.

Dated: [DATE]

________________________________
[ATTORNEY NAME]
[Law Firm]
Attorneys for [PLAINTIFF/DEFENDANT]

2. MEMORANDUM OF POINTS AND AUTHORITIES

2.1 Introduction

[Concise one-paragraph overview of the case, relief sought, and why summary judgment is appropriate.]

2.2 Procedural Background

1. Complaint filed: [DATE].
2. Answer filed: [DATE].
3. Discovery completed: [DATE].
4. Trial set: [DATE].

2.3 Legal Standard

Under Cal. Civ. Proc. Code § 437c(a)–(p), summary judgment shall be granted when "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 defendant meets its burden by showing that one or more elements of the cause of action cannot be established or that an affirmative defense bars recovery. Id. § 437c(p)(2).

The moving papers must include a SSUMF in compliance with Cal. R. Ct. 3.1350(d) and (h). Supporting evidence may consist of declarations, deposition excerpts, discovery responses, admissions, and matters subject to judicial notice. See Cal. R. Ct. 3.1350(a), (b).

2.4 Undisputed Material Facts

For ease of reference, the SSUMF filed concurrently herewith identifies each material fact, cites the supporting evidence, and demonstrates the absence of any genuine dispute.

2.5 Argument

2.5.1 First Cause of Action – [NAME]

(1) Undisputed material facts establish each element of [PARTY]'s claim/defense.
(2) Alternatively, plaintiff cannot establish [element] because [reason].
(3) Therefore, defendant is entitled to judgment as a matter of law.

2.5.2 Second Cause of Action – [NAME]

[Legal analysis with pinpoint reference to SSUMF ¶¶ __ and evidence Exhibit __.]

2.6 Conclusion

Because no triable issue of material fact exists and the law entitles Movant to judgment, the Court should grant summary judgment in favor of [PARTY], or alternatively, summary adjudication of the issues identified above.

3. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

(Cal. R. Ct. 3.1350(d), (h))

4. DECLARATION OF [DECLARANT NAME]

I, [DECLARANT NAME], declare:

1. I am [title/relationship to party]. I have personal knowledge of the facts stated herein and could competently testify thereto if called.
2. On [DATE], I [signed/executed/received] [relevant document]. A true and correct copy is attached hereto as Exhibit A.
3. [Additional foundational facts establishing authentication, relevance, and admissibility.]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [DATE] at [CITY], California.

________________________________
[DECLARANT NAME]

5. [PROPOSED] ORDER GRANTING [PARTY]'S MOTION FOR SUMMARY JUDGMENT

IMPORTANT: This proposed order must be LODGED with the court, NOT filed or attached to the motion papers. (Cal. R. Ct. 3.1113(m); see also 3.1312 for lodging mechanics)

The Motion for Summary Judgment (or, in the alternative, Summary Adjudication) filed by [PARTY] came on regularly for hearing on [DATE], the Honorable [JUDGE NAME] presiding. Having considered the papers submitted and good cause appearing:

IT IS ORDERED that:

1. [PARTY]'s Motion for Summary Judgment is GRANTED in its entirety.
   OR
   1(a). Summary Adjudication is GRANTED as to the following issues: [specify].

2. Judgment shall be entered in favor of [PARTY] and against [OPPOSING PARTY].

3. [PARTY] shall recover its costs of suit in an amount to be determined.

DATED: ______________

________________________________
HON. [JUDGE NAME]
Judge of the Superior Court

6. PROOF OF SERVICE

(C.C.P. §§ 1013, 1013a; Cal. R. Ct. 2.251(c))

I am employed in the County of [COUNTY], State of California. I am over the age of 18 and not a party to this action. My business address is [ADDRESS].

On [DATE], I served the foregoing document(s) described as:

• [PLAINTIFF/DEFENDANT]'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS; DECLARATION(S) OF [DECLARANT NAME(S)] AND EXHIBITS

on the interested parties in this action by:

☐ E-MAIL / ELECTRONIC SERVICE (CCP § 1010.6)
☐ OVERNIGHT DELIVERY
☐ FIRST-CLASS MAIL
☐ PERSONAL SERVICE

[to] [NAME & ADDRESS OF RECIPIENT(S)]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [DATE] at [CITY], California.

________________________________
[NAME OF DECLARANT]

KEY CALIFORNIA SUMMARY JUDGMENT REQUIREMENTS

1. Timing Deadlines (Cal. Civ. Proc. Code § 437c)

Service Extensions (add to 81-day requirement):

• Electronic service: Add 2 court days (CCP § 1010.6(a)(3)(B))
• Mail within California: Add 5 calendar days (CCP § 1013(a))
• Mail outside California: Add 10 calendar days (CCP § 1013(a))
• Overnight delivery: Add 2 court days (CCP § 1013(c))

2. Page Limits (Cal. R. Ct. 3.1113(d))

Excluded from page count: Caption page, table of contents, table of authorities, signature block, proof of service, exhibits.

3. Separate Statement Format (Cal. R. Ct. 3.1350(d), (h))

Required format per Rule 3.1350(h):

• Each fact must be stated separately and numbered consecutively
• Two-column format: Moving party's facts/evidence on left; space for opposing party's response on right
• Citations must include: exhibit letter/number, document title, specific page and line numbers
• Facts must be material and non-argumentative

4. Proposed Order Requirements (Cal. R. Ct. 3.1113(m))

CRITICAL: The proposed order must be:

• LODGED with the court, not filed (see CRC 3.1312 for lodging mechanics)
• SERVED on all parties with the moving papers
• NOT ATTACHED to the motion papers (CRC 3.1113(m) expressly prohibits attachment)

5. Evidentiary Rules

• Declarations must set out facts admissible in evidence (Cal. Civ. Proc. Code § 2015.5)
• Documents must be properly authenticated (Evid. Code §§ 1400–1402)
• Judicial notice requests must comply with Evid. Code §§ 452, 453
• Objections to evidence must be made in writing (CCP § 437c(q))

6. Meet and Confer Requirement (Cal. R. Ct. 3.1350(b))

Before filing a motion for summary adjudication on less than all causes of action, the moving party must meet and confer with the opposing party to attempt to reach agreement on which issues are disputed and undisputed.

LOCAL RULES CHECKLIST

Before filing, verify the following for your specific court:

☐ Hearing Reservation – Is online reservation required? What system?
☐ E-Filing – Mandatory? Which provider (File & Serve, One Legal, etc.)?
☐ PDF Bookmarking – Required? Specific bookmarking requirements?
☐ Courtesy Copies – Required? How many? Tabbed? Bound?
☐ Tentative Ruling System – Does the court post tentatives? Call-in procedure?
☐ Department-Specific Rules – Does the assigned department have additional requirements?
☐ Document Formatting – 28 lines per page? Double-spaced? Font requirements?

Common Local Rule Variations by County:

FINAL DRAFTING NOTES

This template is intentionally comprehensive yet modular. Attorneys should customize factual content, evidentiary citations, and local rule references before filing.