San Bernardino California Sample Letter for Proposed Order Granting Summary Judgment

• Category: Letters - Legal - Orders
• State: Multi-State
• County: San Bernardino
• Control #: US-0142LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [San Bernardino County Superior Court] [Address] [City, State, ZIP] Subject: Proposed Order Granting Summary Judgment — [Case Title], Case No. [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Proposed Order Granting Summary Judgment in the matter of [Case Title], Case No. [Case Number], pending before this honorable court. As the [Plaintiff/Defendant], represented by [Your Law Firm/Organization Name], I would like to present the following facts and legal arguments in support of the summary judgment motion. 1. Case Background: Provide a concise overview of the case, highlighting the crucial factual and procedural background necessary to understand the summary judgment motion. 2. Statement of Facts: Outline the undisputed facts that necessitate judgment as a matter of law. Emphasize the relevant events, actions, and circumstances pertaining to the case, ensuring they align with the applicable legal framework. 3. Legal Standard: Explain the governing legal standard for summary judgment in California and the specific criteria that must be met to warrant its issuance. Include references to relevant statutes, case law, and court rules. 4. Legal Arguments: a) Establishing Absence of Genuine Dispute: Indicate the absence of any genuine dispute as to material facts, substantiating this claim with supporting evidence, such as admissions, pleadings, affidavits, declarations, documentary evidence, or expert opinions. b) Demonstrating Entitlement to Judgment as a Matter of Law: Clearly articulate the legal basis on which the moving is entitled to summary judgment. Cite relevant legal authorities, precedent-setting cases, or applicable statutory provisions that support your assertion. c) Refuting Opposing Party's Contentions: Address and refute any arguments or evidence presented by the opposing party that attempt to create a genuine dispute of material facts. Present counter-evidence, case law, or legal reasoning that illustrates the opposing party's lack of merit. 5. Conclusion: Summarize the key points discussed, reiterating the moving's entitlement to summary judgment and asserting that all necessary legal prerequisites have been satisfied. Enclosed with this letter, please find the Proposed Order Granting Summary Judgment for your review and consideration. We request that the court grants this order in light of the factual and legal issues presented. I would like to express my gratitude for your attention to this matter and the court's efforts in ensuring a fair and just resolution. If you require any additional information, clarification, or documentation, please do not hesitate to contact me at the provided phone number or email address. Thank you for your time and consideration. Sincerely, [Your Name] [Your Law Firm/Organization Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [San Bernardino County Superior Court] [Address] [City, State, ZIP] Subject: Proposed Order Granting Summary Judgment — [Case Title], Case No. [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Proposed Order Granting Summary Judgment in the matter of [Case Title], Case No. [Case Number], pending before this honorable court. As the [Plaintiff/Defendant], represented by [Your Law Firm/Organization Name], I would like to present the following facts and legal arguments in support of the summary judgment motion. 1. Case Background: Provide a concise overview of the case, highlighting the crucial factual and procedural background necessary to understand the summary judgment motion. 2. Statement of Facts: Outline the undisputed facts that necessitate judgment as a matter of law. Emphasize the relevant events, actions, and circumstances pertaining to the case, ensuring they align with the applicable legal framework. 3. Legal Standard: Explain the governing legal standard for summary judgment in California and the specific criteria that must be met to warrant its issuance. Include references to relevant statutes, case law, and court rules. 4. Legal Arguments: a) Establishing Absence of Genuine Dispute: Indicate the absence of any genuine dispute as to material facts, substantiating this claim with supporting evidence, such as admissions, pleadings, affidavits, declarations, documentary evidence, or expert opinions. b) Demonstrating Entitlement to Judgment as a Matter of Law: Clearly articulate the legal basis on which the moving is entitled to summary judgment. Cite relevant legal authorities, precedent-setting cases, or applicable statutory provisions that support your assertion. c) Refuting Opposing Party's Contentions: Address and refute any arguments or evidence presented by the opposing party that attempt to create a genuine dispute of material facts. Present counter-evidence, case law, or legal reasoning that illustrates the opposing party's lack of merit. 5. Conclusion: Summarize the key points discussed, reiterating the moving's entitlement to summary judgment and asserting that all necessary legal prerequisites have been satisfied. Enclosed with this letter, please find the Proposed Order Granting Summary Judgment for your review and consideration. We request that the court grants this order in light of the factual and legal issues presented. I would like to express my gratitude for your attention to this matter and the court's efforts in ensuring a fair and just resolution. If you require any additional information, clarification, or documentation, please do not hesitate to contact me at the provided phone number or email address. Thank you for your time and consideration. Sincerely, [Your Name] [Your Law Firm/Organization Name]