California Rules of Court CRC Rule 3.1350. Motion for summary judgment or summary adjudication

Rule 3.1350. Motion for summary judgment or summary adjudication

(a) Definitions

As used in this rule:

(1)  “Motion” refers to either a motion for summary judgment or a motion for summary adjudication.

(2)  “Material facts” are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.

(Subd (a) amended effective January 1, 2016.)

(b) Motion for summary adjudication

If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2002.)

(c) Documents in support of motion

Except as provided in Code of Civil Procedure section 437c(r) and rule 3.1351, the motion must contain and be supported by the following documents:

(1)  Notice of motion by [moving party] for summary judgment or summary adjudication or both;

(2)  Separate statement of undisputed material facts in support of [moving party’s] motion for summary judgment or summary adjudication or both;

(3)  Memorandum in support of [moving party’s] motion for summary judgment or summary adjudication or both;

(4)  Evidence in support of [moving party’s] motion for summary judgment or summary adjudication or both; and

(5)  Request for judicial notice in support of [moving party’s] motion for summary judgment or summary adjudication or both (if appropriate).

(Subd (c) amended effective January 1, 2009; previously amended effective January 1, 2002, and January 1, 2007.)

(d) Separate statement in support of motion

(1)  The Separate Statement of Undisputed Material Facts in support of a motion must separately identify:

(A)  Each cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion; and

(B)  Each supporting material fact claimed to be without dispute with respect to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion.

(2)  The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion.

(3)  The separate statement must be in the two-column format specified in (h). The statement must state in numerical sequence the undisputed material facts in the first column followed by the evidence that establishes those undisputed facts in that same column. Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers.

(Subd (d) amended effective January 1, 2016; previously amended effective January 1, 2002, January 1, 2007, and January 1, 2008.)

(e) Documents in opposition to motion

Except as provided in Code of Civil Procedure section 437c(r) and rule 3.1351, the opposition to a motion must consist of the following separate documents, titled as shown:

(1)  [Opposing party’s] memorandum in opposition to [moving party’s] motion for summary judgment or summary adjudication or both;

(2)  [Opposing party’s] separate statement in opposition to [moving party’s] motion for summary judgment or summary adjudication or both;

(3)  [Opposing party’s] evidence in opposition to [moving party’s] motion for summary judgment or summary adjudication or both (if appropriate); and

(4)  [Opposing party’s] request for judicial notice in opposition to [moving party’s] motion for summary judgment or summary adjudication or both (if appropriate).

(Subd (e) amended effective January 1, 2016; previously amended effective January 1, 2002, January 1, 2007, and January 1, 2009.)

(f) Content of separate statement in opposition to motion

The Separate Statement in Opposition to Motion must be in the two-column format specified in (h).

(1)  Each material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with the moving party’s references to exhibits.

(2)  On the right side of the page, directly opposite the recitation of the moving party’s statement of material facts and supporting evidence, the response must unequivocally state whether that fact is “disputed” or “undisputed.” An opposing party who contends that a fact is disputed must state, on the right side of the page directly opposite the fact in dispute, the nature of the dispute and describe the evidence that supports the position that the fact is controverted. Citation to the evidence in support of the position that a fact is controverted must include reference to the exhibit, title, page, and line numbers.

(3)  If the opposing party contends that additional material facts are pertinent to the disposition of the motion, those facts must be set forth in the separate statement. The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion. Each fact must be followed by the evidence that establishes the fact. Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers.

(Subd (f) amended effective January 1, 2016; previously amended effective January 1, 2002.)

(g) Documentary evidence

If evidence in support of or in opposition to a motion exceeds 25 pages, the evidence must be separately bound and must include a table of contents.

(Subd (g) amended effective January 1, 2007; previously amended effective January 1, 2002.)

(h) Format for separate statements

Supporting and opposing separate statements in a motion for summary judgment must follow this format:

Supporting statement:

Moving Party’s Undisputed Material Facts and Supporting Evidence:	Opposing Party’s Response and Supporting Evidence:
1. Plaintiff and defendant entered into a written contract for the sale of widgets. Jackson declaration, 2:17-21; contract, Ex. A to Jackson declaration.
2. No widgets were ever received. Jackson declaration, 3:7-21.

Opposing statement:

Moving Party’s Undisputed Material Facts and Alleged Supporting Evidence:	Opposing Party’s Response and Evidence:
1. Plaintiff and defendant entered into a written contract for the sale of widgets. Jackson declaration, 2:17-21; contract, Ex. A to Jackson declaration.	Undisputed.
2. No widgets were ever received. Jackson declaration, 3:7-21.	Disputed. The widgets were received in New Zealand on August 31, 2001. Baygi declaration, 7:2-5.

Supporting and opposing separate statements in a motion for summary adjudication must follow this format:

Supporting statement:

ISSUE 1-THE FIRST CAUSE OF ACTION FOR

NEGLIGENCE IS BARRED BECAUSE PLAINTIFF

EXPRESSLY ASSUMED THE RISK OF INJURY

Moving Party’s Undisputed Material Facts and Supporting Evidence:	Opposing Party’s Response and Supporting Evidence:
1. Plaintiff was injured while mountain climbing on a trip with Any Company USA. Plaintiff’s deposition, 12:3-4.
2. Before leaving on the mountain climbing trip, plaintiff signed a waiver of liability for acts of negligence. Smith declaration, 5:4-5; waiver of liability, Ex. A to Smith declaration.

Opposing statement:

ISSUE 1-THE FIRST CAUSE OF ACTION FOR

NEGLIGENCE IS BARRED BECAUSE PLAINTIFF

EXPRESSLY ASSUMED THE RISK OF INJURY

Moving Party’s Undisputed Material Facts and Alleged Supporting Evidence:	Opposing Party’s Response and Evidence:
1. Plaintiff was injured while mountain climbing on a trip with Any Company USA. Plaintiff’s deposition, 12:3-4.	Undisputed.
2. Before leaving on the mountain climbing trip, plaintiff signed a waiver of liability for acts of negligence. Smith declaration, 5:4-5; waiver of liability, Ex. A to Smith declaration. .	Disputed. Plaintiff did not sign the waiver of liability; the signature on the waiver is forged. Jones declaration, 3:6-7.

(Subd (h) amended effective July 1, 2008; previously amended effective January 1, 1999, January 1, 2002, and January 1, 2008.)

(i) Request for electronic version of separate statement

On request, a party must within three days provide to any other party or the court an electronic version of its separate statement. The electronic version may be provided in any form on which the parties agree. If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court. Under this subdivision, a party is not required to create an electronic version or any new version of any document for the purpose of transmission to the requesting party.

(Subd (i) amended effective January 1, 2007; adopted effective January 1, 2002.)

Rule 3.1350 amended effective January 1, 2016; adopted as rule 342 effective July 1, 1997; previously amended and renumbered as rule 3.1350 effective January 1, 2007; previously amended effective January 1, 1999, January 1, 2002, January 1, 2008, July 1, 2008, and January 1, 2009.

Advisory Committee Comment

Subdivision (a)(2). This definition is derived from statements in L.A. Nat. Bank v. Bank of Canton (1991) 229 Cal. App. 3d 1267, 1274 (“In order to prevent the imposition of a summary judgment, the disputed facts must be ‘material,’ i.e., relate to a claim or defense in issue which could make a difference in the outcome.”) and Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532-533 (Parties are encouraged “to raise only meritorious objections to items of evidence that are legitimately in dispute and pertinent to the disposition of the summary judgment motion.”)

Subdivisions (d)(2) and (f)(3). Consistent with Reid, supra, these provisions are intended to eliminate from separate statements facts that are not material, and, thereby reduce the number of unnecessary objections to evidence.