Sacramento California Sample Letter for Motion for Summary Judgment

• Category: Letters - Legal - Judgments
• State: Multi-State
• County: Sacramento
• Control #: US-0377LTR
• 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] [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]

[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]