[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [The Court's Address] Subject: Motion for Summary Judgment in Case [Case Number] Dear Honorable [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing to submit this Motion for Summary Judgment in the above-mentioned case [Case Number], which is currently pending before this honorable court. As the plaintiff/defendant in this matter, I respectfully request a summary judgment in my favor on the grounds enumerated below. 1. Introduction: Start by briefly introducing the case, including the parties involved and an overview of the main issues at hand. 2. Statement of Undisputed Facts: Clearly and concisely outline the facts of the case that are uncontested by both parties. These facts should be supported by relevant evidence, such as documents, affidavits, or deposition transcripts. 3. Legal Standard for Summary Judgment: Explain the legal standard for granting a summary judgment in Sacramento, California. Discuss the applicable California Code of Civil Procedure or relevant case law, emphasizing that summary judgment may be granted when there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. 4. Arguments in Support of Summary Judgment: a. Present each legal issue with supporting evidence: — Provide an in-depth analysis of each legal issue raised in the case. Cite relevant statutes, regulations, and legal precedent, and explain how they favor the moving party's position. — Analyze any pertinent contractual terms or legislative intent, if applicable. — Discuss any applicable legal doctrines, such as res IPSA sequitur or statute of limitations, which support the motion for summary judgment. b. Explain the reasons that compel judgment as a matter of law: — Demonstrate why, based on the undisputed facts and the applicable law, the moving party should be granted summary judgment. — Argue that no rational trier of fact could find in favor of the opposing party, even when interpreting the evidence in their favor. — Address any potential counter-arguments that may arise. 5. Conclusion: Summarize the main points of your motion and request that the court grant a summary judgment in your favor, dismissing the claims against you or finding liability against the opposing party. Please find attached copies of the relevant documents and evidence supporting this Motion for Summary Judgment. I would be grateful if the court could schedule a hearing to address this motion, providing an opportunity for oral argument to further support my position. Thank you for your attention to this matter. I remain at your disposal should you require any additional information or clarifications. Respectfully, [Your Name]
Sacramento California Sample Letter for Motion for Summary Judgment
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How to fill out Sacramento California Sample Letter For Motion For Summary Judgment?
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FAQ
There are three ways to serve a claim: A. service by the Sheriff from a courthouse near where the defendant lives or works, B. hire a registered process server, or C. having a friend or family member over the age of eighteen provide the service.
Code of Civil Procedure (CCP) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
Bottom line, you likely can file a second MSJ in the same case; but a trial lawyer should be cautious to file the first motion unless it is an absolute need, and if you lose, you should develop the case in discovery toward asserting a new basis for the second motion.
In essence, the amendment to Rule 32 of the Uniform Rules prescribes that a plaintiff can now only apply for summary judgment after the defendant has filed a plea and not after the delivery of a notice to defend.
When Can You File a Motion for Summary Judgment? The Motion for Summary Judgment may be filed after the defendant has filed a response to the complaint (such as an answer or a motion to dismiss), but no later than 30 days after the close of discovery.
File a declaration or affidavit telling the Court that you need more time to obtain discovery in order to oppose the Motion.
(c) Format and filing of motion Any opposition to the motion must be served and filed at least 14 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise.
"Meet and Confer" requirements apply to demurrers, motions to strike, and for judgment on the pleadings (CCP Sections 430.41, 435.5, 439(a)). Meet and confer must be in person or by telephone, and set forth in a declaration. There is an automatic 30-day extension if unable to comply.
Filing deadlines: Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date.
MOTIONS. Noticed motions must be served and filed 16 court days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery).
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Br.). CMS filed an opposition to defendant's motion for summary judgment, and a premiering brief to defendant's opposition, as follows: Response to Petition for Summary Judgment By: Dr. James Miller, California Dept. of Corrections and Rehabilitation. Executive Senior Consultant California Department of Corrections and Rehabilitation P.O. Box 62414 Sacramento, CA 95833 /F: 1. If there is a dispute as to the law, then the dispute must be submitted to a trial for trial by jury. “CRS is not the forum.” The law of the applicable federal and state law varies with jurisdiction. See, e.g., 5 U.S.C. § 3342(a); 28 U.S.C. § 1348. In California, when the dispute is not within this State, it should be presented to the court nearest to the district from which the defendant was originally served in a state or federal prosecution. (C) A party's position on any contested issues is subject to being revised or clarified while that party awaits final determination of the case. (RCP. A. § 8) 2.
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