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In California civil litigation, summary judgment is a legal procedure that allows a party to request the court to rule on a case without going to trial, based on the argument that there are no genuine issues of material fact in dispute. Under California Code of Civil Procedure section 437c, a party can file a motion for summary judgment if they believe that, even considering the evidence in the light most favorable to the other side, they are entitled to judgment as a matter of law. This motion is typically supported by affidavits, declarations, or other evidence demonstrating that there are no factual disputes that would require a trial. If the court grants summary judgment, it effectively ends the case, often leading to a dismissal of the lawsuit or a judgment in favor of the moving party.

Summary judgment can be sought by either the plaintiff or the defendant and is commonly used in situations where the moving party believes that the evidence is so one-sided that no reasonable jury could find in favor of the opposing party. The opposing party has the opportunity to present evidence showing that there are indeed material facts that remain in dispute and that the case should proceed to trial. If the court denies the motion for summary judgment, the case will proceed to trial. The goal of summary judgment is to avoid unnecessary trials in cases where there is no real dispute about the facts, thus saving judicial resources and expediting the litigation process. However, courts are cautious in granting summary judgment, as they prefer to resolve disputes on the merits rather than dismissing cases prematurely.

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Post Author: lawofficesofjamesrdickinson

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