SB 470: Civil actions: summary judgment and summary adjudication.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-08-10
Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, and to grant a motion for summary adjudication if the papers submitted show that there is no triable issue as to one or more material facts the adjudication of which will completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. In determining whether the papers show that there is no triable issue as to a material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court.
This bill would provide that, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion. The bill would also provide that objections to evidence not ruled on for purposes of the motion would be preserved for appellate review.
The bill would also make nonsubstantive changes to the provisions.
This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by AB 1141 that would become operative only if AB 1141 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, and to grant a motion for summary adjudication if the papers submitted show that there is no triable issue as to one or more material facts the adjudication of which will completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. In determining whether the papers show that there is no triable issue as to a material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court.
This bill would provide that, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion. The bill would also provide that objections to evidence not ruled on for purposes of the motion would be preserved for appellate review.
The bill would also make nonsubstantive changes to the provisions.
This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by AB 1141 that would become operative only if AB 1141 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, and to grant a motion for summary adjudication if the papers submitted show that there is no triable issue as to one or more material facts the adjudication of which will completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. In determining whether the papers show that there is no triable issue as to a material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court.
This bill would provide that, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion. The bill would also provide that objections to evidence not ruled on for purposes of the motion would be preserved for appellate review.
The bill would also make nonsubstantive changes to the provisions.
This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by AB 1141 that would become operative only if AB 1141 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. law, and to grant a motion for summary adjudication if the papers submitted show that there is no triable as to one or more material facts the adjudication of which will completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. In determining whether the papers show that there is no triable issue as to any a material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court.
This bill would provide that a, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion for summary judgment. motion. The bill would also provide that any and all objections to evidence not ruled on for purposes of the motion for summary judgment would be deemed overruled and would be preserved on appeal. for appellate review.
The bill would also make nonsubstantive changes to the provisions.
Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court.
This bill would authorize a court, in its discretion, to provide that a court need rule only on objections made to evidence that is the court deems material to the disposition of the motion for summary judgment. The bill would also provide that any objection and all objections not ruled on for purposes of the motion for summary judgment would be deemed overruled and preserved on appeal.
The bill would also make nonsubstantive changes to the provisions.
Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court.
This bill would authorize a court, in its discretion, to rule only on objections made to evidence that is material to the disposition of the motion for summary judgment. The bill would provide that any objection not ruled on for purposes of the motion for summary judgment would be preserved on appeal.
The bill would also make nonsubstantive changes to the provisions.
(a)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)An incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
(d)Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived.
(e)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(f)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(h)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(i)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(j)If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses that the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a partys papers or on the courts own noticed motion, and after an opportunity to be heard.
(k)Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(l)In an action arising out of an injury to the person or to property, if a motion for summary judgment is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(m)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of a party.
(n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication.
(o)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(p)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.
(r)This section does not extend the period for trial provided by Section 1170.5.
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)For purposes of this section, a change in law does not include a later enacted statute without retroactive application.
SEC. 1.5.Section 437c of the Code of Civil Procedure is amended to read:437c.(a)(1)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.
(2)Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by 2 court days.
(3)The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)A incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
(d)Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived.
(e)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(f)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(h)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(i)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(j)If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses that the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a partys papers or on the courts own noticed motion, and after an opportunity to be heard.
(k)Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(l)In an action arising out of an injury to the person or to property, if a motion for summary judgment is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(m)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of a party.
(n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication.
(o)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(p)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.
(r)This section does not extend the period for trial provided by Section 1170.5.
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)Notwithstanding subdivision (f), a party may move for summary adjudication of a legal issue or a claim for damages other than punitive damages that does not completely dispose of a cause of action, affirmative defense, or issue of duty pursuant to this subdivision.
(1)(A)Before filing a motion pursuant to this subdivision, the parties whose claims or defenses are put at issue by the motion shall submit to the court both of the following:
(i)A joint stipulation stating the issue or issues to be adjudicated.
(ii)A declaration from each stipulating party that the motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.
(B)The joint stipulation shall be served on any party to the civil action who is not also a party to the motion.
(2)Within 15 days of receipt of the stipulation and declarations, unless the court has good cause for extending the time, the court shall notify the stipulating parties as to whether the motion may be filed. In making this determination, the court may consider objections by a nonstipulating party made within 10 days of the submission of the stipulation.
(3)If the court elects not to allow the filing of the motion, the stipulating parties may request, and upon request the court shall conduct, an informal conference with the stipulating parties to permit further evaluation of the proposed stipulation; however, the stipulating parties shall not file additional papers in support of the motion.
(4)(A)A motion for summary adjudication made pursuant to this subdivision shall contain a statement in the notice of motion that reads substantially similar to the following: This motion is made pursuant to subdivision (t) of Section 437c of the Code of Civil Procedure. The parties to this motion stipulate that the court shall hear this motion and that the resolution of this motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.
(B)The notice of motion shall be signed by counsel for all parties, and by those parties in propria persona, to the motion.
(5)A motion filed pursuant to this subdivision may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment.
(u)For purposes of this section, a change in law does not include a later enacted statute without retroactive application.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 437c of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1141. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 437c of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1141, in which case Section 1 of this bill shall not become operative.
(a)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)An incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
(d)Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived.
(e)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(f)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(h)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(i)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(j)If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses that the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a partys papers or on the courts own noticed motion, and after an opportunity to be heard.
(k)Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(l)In an action arising out of an injury to the person or to property, if a motion for summary judgment is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(m)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of a party.
(n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication.
(o)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(p)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.
(r)This section does not extend the period for trial provided by Section 1170.5.
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)For purposes of this section, a change in law does not include a later enacted statute without retroactive application.
SEC. 1.5.Section 437c of the Code of Civil Procedure is amended to read:437c.(a)(1)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.
(2)Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by 2 court days.
(3)The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)A incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
(d)Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived.
(e)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(f)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(h)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(i)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(j)If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses that the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a partys papers or on the courts own noticed motion, and after an opportunity to be heard.
(k)Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(l)In an action arising out of an injury to the person or to property, if a motion for summary judgment is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(m)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of a party.
(n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication.
(o)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(p)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.
(r)This section does not extend the period for trial provided by Section 1170.5.
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)Notwithstanding subdivision (f), a party may move for summary adjudication of a legal issue or a claim for damages other than punitive damages that does not completely dispose of a cause of action, affirmative defense, or issue of duty pursuant to this subdivision.
(1)(A)Before filing a motion pursuant to this subdivision, the parties whose claims or defenses are put at issue by the motion shall submit to the court both of the following:
(i)A joint stipulation stating the issue or issues to be adjudicated.
(ii)A declaration from each stipulating party that the motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.
(B)The joint stipulation shall be served on any party to the civil action who is not also a party to the motion.
(2)Within 15 days of receipt of the stipulation and declarations, unless the court has good cause for extending the time, the court shall notify the stipulating parties as to whether the motion may be filed. In making this determination, the court may consider objections by a nonstipulating party made within 10 days of the submission of the stipulation.
(3)If the court elects not to allow the filing of the motion, the stipulating parties may request, and upon request the court shall conduct, an informal conference with the stipulating parties to permit further evaluation of the proposed stipulation; however, the stipulating parties shall not file additional papers in support of the motion.
(4)(A)A motion for summary adjudication made pursuant to this subdivision shall contain a statement in the notice of motion that reads substantially similar to the following: This motion is made pursuant to subdivision (t) of Section 437c of the Code of Civil Procedure. The parties to this motion stipulate that the court shall hear this motion and that the resolution of this motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.
(B)The notice of motion shall be signed by counsel for all parties, and by those parties in propria persona, to the motion.
(5)A motion filed pursuant to this subdivision may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment.
(u)For purposes of this section, a change in law does not include a later enacted statute without retroactive application.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 437c of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1141. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 437c of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1141, in which case Section 1 of this bill shall not become operative.
(a)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)An incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
(d)Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived.
(e)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court, court if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(f)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(h)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion or motion, order a continuance to permit affidavits to be obtained or discovery to be had, or may make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(i)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(j)If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses which that the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a partys papers or on the courts own noticed motion, and after an opportunity to be heard.
(k)Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(l)In actions an action arising out of an injury to the person or to property, if a motion for summary judgment was is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(m)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of a party.
(n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication.
(o)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(p)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.
(r)This section does not extend the period for trial provided by Section 1170.5.
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)For purposes of this section, a change in law does not include a later enacted statute without retroactive application.
SEC. 1.5.Section 437c of the Code of Civil Procedure is amended to read:437c.(a)(1)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.
(a)Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice
(2)Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by five 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(3)The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts which that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)Any An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)Any A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)Any A incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence, evidence if contradicted by other inferences or evidence, which evidence that raise a triable issue as to any material fact.
(d)Supporting and opposing affidavits or declarations shall be made by any a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. Any objections An objection based on the failure to comply with the requirements of this subdivision shall be subdivision, if not made at the hearing or hearing, shall be deemed waived.
(e)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court, where court if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or where if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(f)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(g)Upon the denial of a motion for summary judgment, judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion which that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment, judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of, and of and, if applicable, in opposition to, to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(h)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had, or may make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(i)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of any a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(j)If the court determines at any time that any of the affidavits are an affidavit was presented in bad faith or solely for purposes the purpose of delay, the court shall order the party presenting who presented the affidavits affidavit to pay the other party the amount of the reasonable expenses which that the filing of the affidavits affidavit caused the other party to incur. Sanctions may shall not be imposed pursuant to this subdivision, subdivision except on notice contained in a partys papers, papers or on the courts own noticed motion, and after an opportunity to be heard.
(k)Except when Unless a separate judgment may properly be awarded in the action, no a final judgment may shall not be entered on a motion for summary judgment prior to before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(l)In actions which arise an action arising out of an injury to the person or to property, if a motion for summary judgment was is granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(m)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of any an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, Express Mail, express mail or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of any a party.
(n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, nor a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication to a jury.
(o)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(p)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant may shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant may shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.
(q)
(r)This section does not extend the period for trial provided by Section 1170.5.
(r)
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)Notwithstanding subdivision (f), a party may move for summary adjudication of a legal issue or a claim for damages other than punitive damages that does not completely dispose of a cause of action, affirmative defense, or issue of duty pursuant to this subdivision.
(1)(A)Before filing a motion pursuant to this subdivision, the parties whose claims or defenses are put at issue by the motion shall submit to the court both of the following:
(i)A joint stipulation stating the issue or issues to be adjudicated.
(ii)A declaration from each stipulating party that the motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.
(B)The joint stipulation shall be served on any party to the civil action who is not also a party to the motion.
(2)Within 15 days of receipt of the stipulation and declarations, unless the court has good cause for extending the time, the court shall notify the stipulating parties as to whether the motion may be filed. In making this determination, the court may consider objections by a nonstipulating party made within 10 days of the submission of the stipulation.
(3)If the court elects not to allow the filing of the motion, the stipulating parties may request, and upon request the court shall conduct, an informal conference with the stipulating parties to permit further evaluation of the proposed stipulation; however, the stipulating parties shall not file additional papers in support of the motion.
(4)(A)A motion for summary adjudication made pursuant to this subdivision shall contain a statement in the notice of motion that reads substantially similar to the following: This motion is made pursuant to subdivision (t) of Section 437c of the Code of Civil Procedure. The parties to this motion stipulate that the court shall hear this motion and that the resolution of this motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.
(B)The notice of motion shall be signed by counsel for all parties, and by those parties in propia persona, to the motion.
(5)A motion filed pursuant to this subdivision may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment.
(s)
(u)For the purposes of this section, a change in law does not include a later enacted statute without retroactive application.
(t)This section shall become operative on January 1, 2015.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 437c of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1141. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 437c of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1141, in which case Section 1 of this bill shall not become operative.
(a)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)An incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
(d)The court need rule only on those objections to evidence that it deems material to its disposition of the motion for summary judgment. Any and all objections not ruled on shall be deemed overruled and preserved on appeal.
(e)
(d)Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision if not made at the hearing shall be deemed waived.
(f)
(e)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court, if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(g)
(f)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(h)
(g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(i)
(h)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion or order a continuance to permit affidavits to be obtained or discovery to be had, or may make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(j)
(i)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(k)
(j)If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses which the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a partys papers or on the courts own noticed motion, and after an opportunity to be heard.
(l)
(k)Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(m)
(l)In actions arising out of an injury to the person or to property, if a motion for summary judgment was granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(n)
(m)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of a party.
(o)
(n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication.
(p)
(o)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(q)
(p)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.
(r)This section does not extend the period for trial provided by Section 1170.5.
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)For purposes of this section, a change in law does not include a later enacted statute without retroactive application.
(a)A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)An incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.
(d)The court may, in its discretion, need rule only on those objections made to evidence that is material to the disposition to evidence that it deems material to its disposition of the motion for summary judgment. Objections to evidence that are not ruled on for purposes of the motion shall be Any and all objections not ruled on shall be deemed overruled and preserved on appeal.
(e)Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision shall be if not made at the hearing shall be deemed waived.
(f)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court, if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(g)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(h)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of and, if applicable, in opposition to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(i)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion or order a continuance to permit affidavits to be obtained or discovery to be had, or may make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(j)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(k)If the court determines at any time that an affidavit was presented in bad faith or solely for the purpose of delay, the court shall order the party who presented the affidavit to pay the other party the amount of the reasonable expenses which the filing of the affidavit caused the other party to incur. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a partys papers or on the courts own noticed motion, and after an opportunity to be heard.
(l)Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(m)In actions arising out of an injury to the person or to property, if a motion for summary judgment was granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(n)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of a party.
(o)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication.
(p)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(q)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(r)This section does not extend the period for trial provided by Section 1170.5.
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(t)For purposes of this section, a change in law does not include a later enacted statute without retroactive application.
(a)Any A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. The motion shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. The filing of the motion shall not extend the time within which a party must otherwise file a responsive pleading.
(b)(1)The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concisely all material facts which that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. The failure to comply with this requirement of a separate statement may in the courts discretion constitute a sufficient ground for denial of the motion.
(2)Any An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
(3)The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the courts discretion, for granting the motion.
(4)Any A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise.
(5)Evidentiary objections not made at the hearing shall be deemed waived.
(6)Except for subdivision (c) of Section 1005 relating to the method of service of opposition and reply papers, Sections 1005 and 1013, extending the time within which a right may be exercised or an act may be done, do not apply to this section.
(7)Any An incorporation by reference of a matter in the courts file shall set forth with specificity the exact matter to which reference is being made and shall not incorporate the entire file.
(c)The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence, evidence if contradicted by other inferences or evidence, which evidence that raise a triable issue as to any material fact.
(d)The court may, in its discretion, rule only on those objections made to evidence that is material to the disposition of the motion for summary judgment. Objections to evidence that are not ruled on for purposes of the motion shall be preserved on appeal.
(d)
(e)Supporting and opposing affidavits or declarations shall be made by any a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. Any objections An objection based on the failure to comply with the requirements of this subdivision shall be made at the hearing or if not made at the hearing shall be deemed waived.
(e)
(f)If a party is otherwise entitled to a summary judgment pursuant to this section, summary judgment may not be denied on grounds of credibility or for want of cross-examination of witnesses furnishing affidavits or declarations in support of the summary judgment, except that summary judgment may be denied in the discretion of the court, where if the only proof of a material fact offered in support of the summary judgment is an affidavit or declaration made by an individual who was the sole witness to that fact; or where if a material fact is an individuals state of mind, or lack thereof, and that fact is sought to be established solely by the individuals affirmation thereof.
(f)
(g)(1)A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(2)A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. However, a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.
(g)
(h)Upon the denial of a motion for summary judgment, judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically refer to the evidence proffered in support of and in opposition to the motion which that indicates that a triable controversy exists. Upon the grant of a motion for summary judgment, judgment on the ground that there is no triable issue of material fact, the court shall, by written or oral order, specify the reasons for its determination. The order shall specifically refer to the evidence proffered in support of, and of and, if applicable applicable, in opposition to, to the motion which indicates that no triable issue exists. The court shall also state its reasons for any other determination. The court shall record its determination by court reporter or written order.
(h)
(i)If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, motion or order a continuance to permit affidavits to be obtained or discovery to be had, or may make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.
(i)
(j)If, after granting a continuance to allow specified additional discovery, the court determines that the party seeking summary judgment has unreasonably failed to allow the discovery to be conducted, the court shall grant a continuance to permit the discovery to go forward or deny the motion for summary judgment or summary adjudication. This section does not affect or limit the ability of any a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4).
(j)
(k)If the court determines at any time that any of the affidavits are an affidavit was presented in bad faith or solely for purposes the purpose of delay, the court shall order the party presenting who presented the affidavits affidavit to pay the other party the amount of the reasonable expenses which the filing of the affidavits affidavit caused the other party to incur. Sanctions may shall not be imposed pursuant to this subdivision, subdivision except on notice contained in a partys papers, papers or on the courts own noticed motion, and after an opportunity to be heard.
(k)
(l)Except when Unless a separate judgment may properly be awarded in the action, no a final judgment may shall not be entered on a motion for summary judgment prior to before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding herein provided for.
(l)
(m)In actions which arise arising out of an injury to the person or to property, if a motion for summary judgment was granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiffs objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(m)
(n)(1)A summary judgment entered under this section is an appealable judgment as in other cases. Upon entry of any an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon him or her of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and prior to the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
(2)Before a reviewing court affirms an order granting summary judgment or summary adjudication on a ground not relied upon by the trial court, the reviewing court shall afford the parties an opportunity to present their views on the issue by submitting supplemental briefs. The supplemental briefing may include an argument that additional evidence relating to that ground exists, but that the party has not had an adequate opportunity to present the evidence or to conduct discovery on the issue. The court may reverse or remand based upon the supplemental briefing to allow the parties to present additional evidence or to conduct discovery on the issue. If the court fails to allow supplemental briefing, a rehearing shall be ordered upon timely petition of any a party.
(n)
(o)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion which has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining.
(2)In the trial of the action, the fact that a motion for summary adjudication is granted as to one or more causes of action, affirmative defenses, claims for damages, or issues of duty within the action shall not operate to bar any cause of action, affirmative defense, claim for damages, or issue of duty as to which summary adjudication was either not sought or denied.
(3)In the trial of an action, neither a party, nor a witness, nor the court shall comment to a jury upon the grant or denial of a motion for summary adjudication to a jury.
(o)
(p)A cause of action has no merit if either of the following exists:
(1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.
(2)A defendant establishes an affirmative defense to that cause of action.
(p)
(q)For purposes of motions for summary judgment and summary adjudication:
(1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on that cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant or cross-defendant may shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(2)A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The plaintiff or cross-complainant may shall not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.
(q)
(r)This section does not extend the period for trial provided by Section 1170.5.
(r)
(s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(s)
(t)For the purposes of this section, a change in law does not include a later enacted statute without retroactive application.
(t)This section shall become operative on January 1, 2015.
|
Date
|
Status
|
|---|---|
| Jun 17, 2015 | Read second time. Ordered to consent calendar. |
| Aug 10, 2015 | Chaptered by Secretary of State. Chapter 161, Statutes of 2015. |
| Aug 10, 2015 | Approved by the Governor. |
| Jul 30, 2015 | Enrolled and presented to the Governor at 10 a.m. |
| Jul 16, 2015 | Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. |
| Jul 16, 2015 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 1984.) Ordered to engrossing and enrolling. |
| Jul 13, 2015 | Read third time. Passed. (Ayes 78. Noes 0. Page 2359.) Ordered to the Senate. |
| Jul 13, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jul 13, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 9, 2015 | Read third time and amended. |
| Jul 9, 2015 | Ordered to third reading. |
| Jun 18, 2015 | From consent calendar on motion of Assembly Member Holden. |
| Feb 25, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jun 16, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 16). |
| May 28, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| May 14, 2015 | Referred to Com. on JUD. |
| Apr 27, 2015 | Read third time. Passed. (Ayes 35. Noes 0.) Ordered to the Assembly. |
| Apr 27, 2015 | Read third time. Passed. (Ayes 35. Noes 0. Page 776.) Ordered to the Assembly. |
| Apr 27, 2015 | In Assembly. Read first time. Held at Desk. |
| Apr 22, 2015 | Read second time and amended. Ordered to consent calendar. |
| Apr 21, 2015 | From committee: Do pass as amended. Ordered to consent calendar. (Ayes 6. Noes 0. Page 619.) (April 14). |
| Apr 2, 2015 | Set for hearing April 14. |
| Mar 5, 2015 | Referred to Com. on JUD. |
| Feb 26, 2015 | From printer. May be acted upon on or after March 28. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 16, 2015 | Unfinished Business SB470 Jackson Concurrence | Senate Floor |
Passed |
|
| Jul 13, 2015 | SB 470 Jackson Senate Third Reading | Assembly Floor |
Passed |
|
| Jun 16, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Judiciary |
Passed |
|
| Apr 27, 2015 | Consent Calendar 2nd SB470 Jackson | Senate Floor |
Passed |
|
| Apr 14, 2015 | Do pass as amended, and be ordered to the Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Chamber Of Commerce | ** Support | Jul 16, 2015 |
| California Judges Association | ** Support | Jul 16, 2015 |
| Civil Justice Association Of California | ** Support | Jul 16, 2015 |
| Judicial Council of California | ** Support | Jul 16, 2015 |
SB 470
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 470
Amended: 7/9/15
SENATE JUDICIARY COMMITTEE: 6-0, 4/14/15
AYES: Jackson, Vidak, Anderson, Leno, Monning, Wieckowski
NO VOTE RECORDED: Hertzberg
SENATE FLOOR: 35-0, 4/27/15 (Consent)
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Wieckowski, Wolk
NO VOTE RECORDED: Hertzberg, Moorlach, Pavley, Vidak
ASSEMBLY FLOOR: 78-0, 7/13/15 - See last page for vote
SUBJECT: Civil actions: summary judgment and summary adjudication
SOURCE: California Judges Association
Judicial Council of California
DIGEST: This bill provides that, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion. This bill also provides that objections to evidence not ruled on for purposes of the motion shall be preserved for appellate review.
Assembly Amendments add double-jointing language to avoid chaptering out issues in the event that both this bill and AB 1141 (Chau), also amending Section 437c of the Code of Civil Procedure, are enacted into law.
Existing law:
Authorizes any party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding.
Requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court, in determining whether the papers show that there is no triable issue as to any material fact.
Requires that the summary judgment motion be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken, and that the supporting papers include a separate statement setting forth plainly and concisely all material facts which that the moving party contends are undisputed, as specified.
Provides that evidentiary objections not made at the hearing shall be deemed waived.
Holds, in the case of Reid v. Google, Inc. (2010) 50 Cal.4th 512, 534, that if a trial court fails to rule expressly on specific evidentiary objections, it is presumed that the objections have been overruled, the trial court considered the evidence in ruling on the merits of the summary judgment motion, and the objections are preserved on appeal.
This bill:
Adds a provision to the existing summary judgment statute to specify that, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion.
Specifies that objections to evidence not ruled on for purposes of the motion shall be preserved for appellate review.
Background
After the filing of a lawsuit, either party to an action may move for summary judgment by contending that the action has no merit or that there is no defense thereto. Essentially, the party filing the motion is claiming that all necessary factual issues are resolved and need not be tried by the court because they are so one-sided. A motion for summary judgment must be supported or opposed by admissible evidence such as affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice, as appropriate. In determining whether the papers show that there is no triable issue as to any material fact, the court must consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court. If the court finds that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, then the motion must be granted (which generally disposes of the whole case). If an issue of fact is presented the court must permit trial thereof, though it may also find that certain other issues “are without substantial controversy” and grant summary adjudication as to those issues. (See Code Civ. Proc. Sec. 437c.) In short, the purpose of the summary procedure is to provide a method for prompt disposition of actions in which there is no triable, material issue of fact on which evidence shall be taken.
This bill is the product of a proposal recommended by the Judicial Council’s Policy Coordination and Liaison Committee, Civil and Small Claims Committee and Appellate Advisory Committee, to reduce the burdens on trial courts associated with evidentiary objections in summary judgment proceedings. According to those advisory committees’ October 29, 2014 report to the Judicial Council, advisory committee members (including both judges and attorneys) report that time and resources expended in ruling on objections to evidence offered in support of or in opposition to summary judgment motions are substantial. (See Report to the Judicial Council, Judicial Council-Sponsored Legislation: Evidentiary Objections in Summary Judgment Proceedings (Oct. 29, 2014) (hereinafter, “Report”) <http://www.courts.ca.gov/documents/jc-20141212-itemN.pdf [as of Apr. 4, 2015] p. 2.)
The Report cites published opinions that illustrate the large number of objections made in summary judgment papers and the huge volume of motion papers in overall. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [“We recognize that it has become common practice for litigants to flood the trial courts with inconsequential written evidentiary objection, without focusing on those that are critical [footnote omitted].”]) The Report specifically cites, as an example, the case of Nazir v. United Airlines, Inc. (2009) wherein “the moving papers in support of a summary judgment totaled 1,056 pages, plaintiff’s opposition was nearly three times as long and included 47 objections to evidence, and the defendant’s reply included 764 objections to evidence.” (Report at pp.2-3, citing 178 Cal.App.4th 243, 249, 250-251 and 254.)
This bill, co-sponsored by the Judicial Council of California and the California Judges Association, seeks to increase court efficiency by specifying, consistent with a recent California Supreme Court case (Reid v. Google, Inc.), that in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion. This bill also preserves objections to evidence not ruled on for purposes of the motion for appellate review.
Comments
The author writes:
Summary judgment motions have become one of the most time-consuming pre-trial matters that civil courts handle, as parties on both sides flood the courts with evidentiary objections. SB 470 is a carefully balanced, court efficiency proposal that would not only save judges significant amounts of time and resources when considering huge volumes of summary judgment motion papers, but would also avoid any harm to the litigants by preserving their rights on appellate review with respect to any properly raised objections that are not expressly ruled upon by the court. . . . In turn, by reducing the burdens on trial courts associated with evidentiary objections in summary judgment proceedings, this proposal will allow the trial courts to handle other motions and proceedings more swiftly.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Judges Association (co-source)
Judicial Council of California (co-source)
California Chamber of Commerce
Civil Justice Association of California
OPPOSITION: (Verified 7/15/15)
None Received
ARGUMENTS IN SUPPORT: Judicial Council of California and the California Judges Association, co-sponsors of this bill, write that “[j]udges may spend hours ruling on evidentiary objections for a single summary judgment motion. Frequently, the number of objections that pertain to evidence on which a court relies in determining whether a triable issue of fact exists is a small subset of the total number of objections made by the parties.” Accordingly, Judicial Council writes, “[t]o reduce the burden on trial courts in ruling on numerous objections to evidence in summary judgment and summary adjudication proceedings, Code of Civil Procedure [S]ection 437c would be amended by providing that a court need rule only on those objections to evidence that it deems material to its disposition of the summary judgment motion, and that objections not ruled on for purposes of the motion are preserved for appellate review. This important efficiency proposal is intended to reduce burdens on trial courts associated with evidentiary objections in summary judgment and summary adjudication proceedings without resulting in a corresponding negative impact on the litigants or the appellate courts.”
ASSEMBLY FLOOR: 78-0, 7/13/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Cooper, Rendon
Prepared by: Ronak Daylami / JUD. / (916) 651-4113
7/15/15 15:48:13
**** END ****
SB 470
Page 3
SENATE THIRD READING
SB 470
(Jackson)
As Amended July 9, 2015
Majority vote
SENATE VOTE: 35-0
Committee |
Votes |
Ayes |
Noes |
Judiciary |
10-0 |
Mark Stone, Wagner, Alejo, Chau, Chiu, Gallagher, Cristina Garcia, Holden, Maienschein, O'Donnell |
|
SUMMARY: Specifies which evidentiary objections a court is required to resolve when ruling on a motion for summary judgment or summary adjudication. Specifically, this bill:
Allows a court, when ruling on a motion for summary judgment or a motion for summary adjudication, to rule only on those objections to evidence that it deems material to its disposition of the motion.
Requires that any objections to evidence that are not ruled on for purposes of a motion for summary judgment or a motion for summary adjudication are preserved for appeal.
EXISTING LAW:
Requires a court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.
Requires the court to consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence. Also specifies that summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence, if contradicted by other inferences or evidence, which raise a triable issue as to any material fact.
Requires that a motion for summary adjudication proceed in all procedural respects as a motion for summary judgment.
Requires the court to grant a motion for summary adjudication only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
Provides that evidentiary objections not made at the summary hearing shall be deemed waived.
FISCAL EFFECT: None
COMMENTS: According to the Judicial Council of California, a sponsor of this bill:
Published opinions illustrate the large number of objections made in summary judgment papers and the huge volume of motion papers overall. "We recognize that it has become common practice for litigants to flood the trial courts with inconsequential written evidentiary objections, without focusing on those that are critical [footnote omitted]." (Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532.) In one reported case, the moving papers in support of summary judgment totaled 1,056 pages, plaintiff’s opposition was nearly three times as long and included 47 objections to evidence, and the defendants’ reply included 764 objections to evidence. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 249, 250–251, and 254.)
The Value of Summary Judgment Rulings. In a motion for summary judgment, the moving party contends that the action has no merit or that there is no applicable defense to the claim asserted. The motion must be supported (or opposed) by affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice. The supporting papers must include a separate statement, all material facts which the moving party contends are undisputed. Each material fact must be followed by a reference to the supporting evidence. In making a determination of whether the evidence submitted shows that there is no triable issue as to any material fact or no applicable defense to the claim, the court must consider all of the evidence set forth in the papers, other than evidence to which objections have been made and sustained by the court. If the court finds that there is no triable issue as to any material fact, or alternatively that there is no applicable defense to the claim, the moving party is entitled to a judgment as a matter of law and the court must grant the motion. Either way, when the court decides the motion at this pre-trial stage, the parties are more likely to settle the matter, or shorten the time required for an actual trial.
Summary Adjudication Motions. In a summary adjudication motion, the moving party asks the court to rule on the merits of a particular cause of action, affirmative defense, or claim for damages. If the motion is granted, the claim or defense is resolved pre-trial. The type of evidence presented for a summary adjudication motion is the same type of evidence required to be presented in a motion for summary judgment, including affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice. If the motion is granted, then the issue raised by the moving party is resolved prior to trial. The remaining matters must still be litigated, but time is saved because fewer issues remain to be resolved at trial. If the ruling will not be dispositive of the entire cause of action or affirmative defense, the court is not authorized by law to hear the motion for summary adjudication.
Prior Confusion Among the Courts is Resolved by the Supreme Court. Prior to the Supreme Court’s ruling in Reid v. Google, supra (Reid), there was no definite procedure in place for a court, considering an appeal of a lower court’s ruling on a motion for summary judgment or summary adjudication, to interpret the trial court’s intentions when a party had made an evidentiary objection in a motion for a summary judgment or summary adjudication but the trial court had failed to rule on the objection. The Reid court explained that while the summary judgment statute requires that the trial court consider all evidence unless an objection to it has been raised and sustained, "the subdivision does not mandate that, in the absence of express rulings, the underlying objections are waived on appeal." (Id. at 526-527.) To provide a definitive answer, the Reid Court held that “evidentiary objections made ‘at the hearing shall [not] be deemed waived’…even if the trial court fails to rule on them expressly.” (Reid v. Google, supra, 50 Cal. 4th at p. 527 [citation to internal quotation omitted].)
This Bill Codifies The California Supreme Court Decision in Reid v. Google. This bill codifies the Supreme Court’s decision in Reid by clarifying that a court is only required to rule on objections to evidence that it deems material to the actual summary judgment or summary adjudication motion that is before the court. Further, this bill codifies the holding, from that same Supreme Court decision, that any evidentiary objection not ruled on by the court when granting or denying a motion for summary judgment or summary adjudication must be preserved for appellate review. This bill is helpful to judicial economy because pretrial hearing on motions for summary judgment and summary adjudication will be significantly shorter in duration because judges are no longer required to rule on every evidentiary objection that has been presented in the moving papers. Trial courts will have more time to hear cases and handle other matters that are currently backlogged in the courts.
The author explains the reason for this bill as follows:
Summary judgment motions have become one of the most time-consuming pre-trial matters that civil courts handle, as parties on both sides flood the courts with evidentiary objections. SB 470 is a carefully balanced, court efficiency proposal that would not only save judges significant amounts of time and resources when considering huge volumes of summary judgment or summary adjudication motion papers, but would also avoid any harm to the litigants by preserving their rights on appellate review with respect to any properly raised objections that are not expressly ruled upon by the court.
To reduce the burden on trial courts in ruling on numerous objections to evidence in summary judgment and summary adjudication proceedings, this bill would amend California's summary judgment statute, Section 437(c) of the Code of Civil Procedure, to expressly authorize trial courts to rule only on those objections to evidence that it deems material to its disposition of the motion for summary judgment or summary adjudication. This bill would specify objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review.
In doing so, this bill will save the time of research attorneys and judicial officers without impacting the litigants negatively. In turn, by reducing the burdens on trial courts associated with evidentiary objections in summary judgment proceedings, this proposal will allow the trial courts to handle other motions and proceedings more swiftly.
Analysis Prepared by: Khadijah Hargett / JUD. / (916) 319-2334 FN: 0001152
SB 470
Page 3
SENATE THIRD READING
SB 470
(Jackson)
As Amended May 28, 2015
Majority vote
SENATE VOTE: 35-0
Committee |
Votes |
Ayes |
Noes |
Judiciary |
10-0 |
Mark Stone, Wagner, Alejo, Chau, Chiu, Gallagher, Cristina Garcia, Holden, Maienschein, O'Donnell |
|
SUMMARY: Specifies which evidentiary objections a court is required to resolve when ruling on a motion for summary judgment or summary adjudication. Specifically, this bill:
Allows a court, when ruling on a motion for summary judgment or a motion for summary adjudication, to rule only on those objections to evidence that it deems material to its disposition of the motion.
Requires that any objections to evidence that are not ruled on for purposes of a motion for summary judgment or a motion for summary adjudication are preserved for appeal.
EXISTING LAW:
Requires a court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.
Requires the court to consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence. Also specifies that summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence, if contradicted by other inferences or evidence, which raise a triable issue as to any material fact.
Requires that a motion for summary adjudication proceed in all procedural respects as a motion for summary judgment.
Requires the court to grant a motion for summary adjudication only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
Provides that evidentiary objections not made at the summary hearing shall be deemed waived.
FISCAL EFFECT: None
COMMENTS: According to the Judicial Council of California, a sponsor of this bill:
Published opinions illustrate the large number of objections made in summary judgment papers and the huge volume of motion papers overall. “We recognize that it has become common practice for litigants to flood the trial courts with inconsequential written evidentiary objections, without focusing on those that are critical [footnote omitted].” (Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532.) In one reported case, the moving papers in support of summary judgment totaled 1,056 pages, plaintiff’s opposition was nearly three times as long and included 47 objections to evidence, and the defendants’ reply included 764 objections to evidence. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 249, 250–251, and 254.)
The Value of Summary Judgment Rulings. In a motion for summary judgment, the moving party contends that the action has no merit or that there is no applicable defense to the claim asserted. The motion must be supported (or opposed) by affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice. The supporting papers must include a separate statement, all material facts which the moving party contends are undisputed. Each material fact must be followed by a reference to the supporting evidence. In making a determination of whether the evidence submitted shows that there is no triable issue as to any material fact or no applicable defense to the claim, the court must consider all of the evidence set forth in the papers, other than evidence to which objections have been made and sustained by the court. If the court finds that there is no triable issue as to any material fact, or alternatively that there is no applicable defense to the claim, the moving party is entitled to a judgment as a matter of law and the court must grant the motion. Either way, when the court decides the motion at this pre-trial stage, the parties are more likely to settle the matter, or shorten the time required for an actual trial.
Summary Adjudication Motions. In a summary adjudication motion, the moving party asks the court to rule on the merits of a particular cause of action, affirmative defense, or claim for damages. If the motion is granted, the claim or defense is resolved pre-trial. The type of evidence presented for a summary adjudication motion is the same type of evidence required to be presented in a motion for summary judgment, including affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice. If the motion is granted, then the issue raised by the moving party is resolved prior to trial. The remaining matters must still be litigated, but time is saved because fewer issues remain to be resolved at trial. If the ruling will not be dispositive of the entire cause of action or affirmative defense, the court is not authorized by law to hear the motion for summary adjudication.
Prior Confusion Among the Courts is Resolved by the Supreme Court. Prior to the Supreme Court’s ruling in Reid v. Google, supra (Reid), there was no definite procedure in place for a court, considering an appeal of a lower court’s ruling on a motion for summary judgment or summary adjudication, to interpret the trial court’s intentions when a party had made an evidentiary objection in a motion for a summary judgment or summary adjudication but the trial court had failed to rule on the objection. The Reid court explained that while the summary judgment statute requires that the trial court consider all evidence unless an objection to it has been raised and sustained, "the subdivision does not mandate that, in the absence of express rulings, the underlying objections are waived on appeal." (Id. at 526-527.) To provide a definitive answer, the Reid Court held that “evidentiary objections made ‘at the hearing shall [not] be deemed waived’…even if the trial court fails to rule on them expressly.” (Reid v. Google, supra, 50 Cal. 4th at p. 527 [citation to internal quotation omitted].)
This Bill Codifies The California Supreme Court Decision in Reid v. Google. This bill codifies the Supreme Court’s decision in Reid by clarifying that a court is only required to rule on objections to evidence that it deems material to the actual summary judgment or summary adjudication motion that is before the court. Further, this bill codifies the holding, from that same Supreme Court decision, that any evidentiary objection not ruled on by the court when granting or denying a motion for summary judgment or summary adjudication must be preserved for appellate review. This bill is helpful to judicial economy because pretrial hearing on motions for summary judgment and summary adjudication will be significantly shorter in duration because judges are no longer required to rule on every evidentiary objection that has been presented in the moving papers. Trial courts will have more time to hear cases and handle other matters that are currently backlogged in the courts.
The author explains the reason for this bill as follows:
Summary judgment motions have become one of the most time-consuming pre-trial matters that civil courts handle, as parties on both sides flood the courts with evidentiary objections. SB 470 is a carefully balanced, court efficiency proposal that would not only save judges significant amounts of time and resources when considering huge volumes of summary judgment or summary adjudication motion papers, but would also avoid any harm to the litigants by preserving their rights on appellate review with respect to any properly raised objections that are not expressly ruled upon by the court.
To reduce the burden on trial courts in ruling on numerous objections to evidence in summary judgment and summary adjudication proceedings, this bill would amend California's summary judgment statute, Section 437(c) of the Code of Civil Procedure, to expressly authorize trial courts to rule only on those objections to evidence that it deems material to its disposition of the motion for summary judgment or summary adjudication. This bill would specify objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review.
In doing so, this bill will save the time of research attorneys and judicial officers without impacting the litigants negatively. In turn, by reducing the burdens on trial courts associated with evidentiary objections in summary judgment proceedings, this proposal will allow the trial courts to handle other motions and proceedings more swiftly.
Analysis Prepared by: Khadijah Hargett / JUD. / (916) 319-2334 FN: 0000980
SB 470
Page 4
Date of Hearing: June 16, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SB 470
(Jackson) – As Amended May 28, 2015
PROPOSED CONSENT
SENATE VOTE: 35-0
SUBJECT: CIVIL ACTIONS: SUMMARY JUDGMENT AND SUMMARY ADJUDICATION
KEY ISSUE: WHEN GRANTING OR DENYING A MOTION FOR SUMMARY JUDGMENT OR A MOTION FOR SUMMARY ADJUDICATION, SHOULD A COURT ONLY BE REQUIRED TO RULE ON THOSE OBJECTIONS THAT IT DEEMS MATERIAL TO THE DISPOSITION OF THE MOTION AND SHOULD ALL OTHER OBJECTIONS BE PRESERVED FOR APPEAL?
SYNOPSIS
This non-controversial bill, sponsored by the Judicial Council and the California Judges Association, seeks to reduce and better direct the time and effort trial courts spend in ruling on motions for summary judgment and motions for summary adjudication. The bill codifies two holdings from a 2010 decision by the California Supreme Court, Reid v Google, Inc. (2010) 50 Cal.4th 512. First, the bill would allow the court, when granting or denying a motion for summary judgment or a motion for summary adjudication, to only rule on those objections to evidence which it deems material to the disposition of the motion. Under current law, a judge, when considering a motion for summary judgment or a motion for summary adjudication, must rule on all objections to evidence that are presented with the motion, except those which have been made and sustained by the court. Second, this bill provides that any objection to evidence on which the court does not rule at a hearing for a motion for summary judgment or a motion for summary adjudication is deemed to be overruled and the issue of the court’s ruling on such objection is preserved for appeal. This bill is supported by its co-sponsors, the Judicial Council and the California Judges Association, as well as the Civil Justice Association of California and the California Chamber of Commerce. The supporters argue that this bill will help preserve judicial resources and assist with judicial efficiency without any negative impact on the litigants, or the appellate courts. There is no known opposition to the bill.
SUMMARY: Specifies which evidentiary objections a court is required to resolve when ruling on a motion for summary judgment or summary adjudication. Specifically, this bill:
Allows a court, when ruling on a motion for summary judgment or a motion for summary adjudication, to rule only on those objections to evidence that it deems material to its disposition of the motion.
Requires that any objections to evidence that are not ruled on for purposes of a motion for summary judgment or a motion for summary adjudication are preserved for appeal.
EXISTING LAW:
Requires a court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Code of Civil Procedure Section 437c (c). All further statutory references are to this code, unless otherwise indicated.)
Requires the court to consider all of the evidence set forth in the papers, except that to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence. Also specifies that summary judgment may not be granted by the court based on inferences reasonably deducible from the evidence, if contradicted by other inferences or evidence, which raise a triable issue as to any material fact. (Section 437c (c).)
Requires that a motion for summary adjudication proceed in all procedural respects as a motion for summary judgment. (Section 437c (f)(2).)
Requires the court to grant a motion for summary adjudication only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Section 437c (f).)
Provides that evidentiary objections not made at the summary hearing shall be deemed waived. (Section 437c (b)(5).)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: According to the Judicial Council of California, a sponsor of this bill:
Published opinions illustrate the large number of objections made in summary judgment papers and the huge volume of motion papers overall. “We recognize that it has become common practice for litigants to flood the trial courts with inconsequential written evidentiary objections, without focusing on those that are critical [footnote omitted].” (Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532.) In one reported case, the moving papers in support of summary judgment totaled 1,056 pages, plaintiff’s opposition was nearly three times as long and included 47 objections to evidence, and the defendants’ reply included 764 objections to evidence. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 249, 250–251, and 254.)
The Value of Summary Judgment Rulings. In a motion for summary judgment, the moving party contends that the action has no merit or that there is no applicable defense to the claim asserted. The motion must be supported (or opposed) by affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice. The supporting papers must include a separate statement, all material facts which the moving party contends are undisputed. Each material fact must be followed by a reference to the supporting evidence. (Section 437c (b)(1).) In making a determination of whether the evidence submitted shows that there is no triable issue as to any material fact or no applicable defense to the claim, the court must consider all of the evidence set forth in the papers, other than evidence to which objections have been made and sustained by the court. If the court finds that there is no triable issue as to any material fact, or alternatively that there is no applicable defense to the claim, the moving party is entitled to a judgment as a matter of law and the court must grant the motion. Either way, when the court decides the motion at this pre-trial stage, the parties are more likely to settle the matter, or shorten the time required for an actual trial.
Summary Adjudication Motions. In a summary adjudication motion, the moving party asks the court to rule on the merits of a particular cause of action, affirmative defense, or claim for damages. If the motion is granted, the claim or defense is resolved pre-trial. The type of evidence presented for a summary adjudication motion is the same type of evidence required to be presented in a motion for summary judgment, including affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice. If the motion is granted, then the issue raised by the moving party is resolved prior to trial. The remaining matters must still be litigated, but time is saved because fewer issues remain to be resolved at trial. (Section 437c (f)(1).) If the ruling will not be dispositive of the entire cause of action or affirmative defense, the court is not authorized by law to hear the motion for summary adjudication.
Prior Confusion Among the Courts is Resolved by the Supreme Court. Prior to the Supreme Court’s ruling in Reid v. Google, supra, there was no definite procedure in place for a court, considering an appeal of a lower court’s ruling on a motion for summary judgment or summary adjudication, to interpret the trial court’s intentions when a party had made an evidentiary objection in a motion for a summary judgment or summary adjudication but the trial court had failed to rule on the objection. The Reid court explained that while the summary judgment statute requires that the trial court consider all evidence unless an objection to it has been raised and sustained, “the subdivision does not mandate that, in the absence of express rulings, the underlying objections are waived on appeal.” (Id. at 526-527.) To provide a definitive answer, the Reid Court held that “evidentiary objections made ‘at the hearing shall [not] be deemed waived’…even if the trial court fails to rule on them expressly.” (Reid v. Google, supra, 50 Cal. 4th at p. 527 [citation to internal quotation omitted].)
This Bill Codifies The California Supreme Court Decision in Reid v. Google. This bill codifies the Supreme Court’s decision in Reid by clarifying that a court is only required to rule on objections to evidence that it deems material to the actual summary judgment or summary adjudication motion that is before the court. Further, this bill codifies the holding, from that same Supreme Court decision, that any evidentiary objection not ruled on by the court when granting or denying a motion for summary judgment or summary adjudication must be preserved for appellate review. This bill is helpful to judicial economy because pretrial hearing on motions for summary judgment and summary adjudication will be significantly shorter in duration because judges are no longer required to rule on every evidentiary objection that has been presented in the moving papers. Trial courts will have more time to hear cases and handle other matters that are currently backlogged in the courts.
The author explains the reason for the bill as follows:
Summary judgment motions have become one of the most time-consuming pre-trial matters that civil courts handle, as parties on both sides flood the courts with evidentiary objections. SB 470 is a carefully balanced, court efficiency proposal that would not only save judges significant amounts of time and resources when considering huge volumes of summary judgment or summary adjudication motion papers, but would also avoid any harm to the litigants by preserving their rights on appellate review with respect to any properly raised objections that are not expressly ruled upon by the court.
To reduce the burden on trial courts in ruling on numerous objections to evidence in summary judgment and summary adjudication proceedings, this bill would amend California’s summary judgment statute, Section 437c of the Code of Civil Procedure, to expressly authorize trial courts to rule only on those objections to evidence that it deems material to its disposition of the motion for summary judgment or summary adjudication. This bill would specify objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review.
In doing so, this bill will save the time of research attorneys and judicial officers without impacting the litigants negatively. In turn, by reducing the burdens on trial courts associated with evidentiary objections in summary judgment proceedings, this proposal will allow the trial courts to handle other motions and proceedings more swiftly.
ARGUMENTS IN SUPPORT: The Judicial Council of California writes:
Until the Supreme Court issued its opinion in Reid, the effect of a trial court’s failure to rule on evidentiary objections that were properly presented was unclear. Some Courts of Appeal had held that objections made in writing were waived if not raised by the objector at the hearing and ruled on by the court. In Reid, at pages 531–532, the court disapproved this prior case law as well as its own prior opinions to the extent that they held the failure of the trial court to rule on objections to summary judgment evidence waived those objections on appeal. The court also held that the trial court must expressly rule on properly presented evidentiary objections, disapproving a contrary procedure outlined in Biljac Assocs. v. First Interstate Bank (1990) 218 Cal.App.3d 1410, 1419–1420. “[I]f the trial court fails to rule expressly on specific evidentiary objections, it is presumed that the objections have been overruled, the trial court considered the evidence in ruling on the merits of the summary judgment motion, and the objections are preserved on appeal.” (Reid, supra, 50 Cal.4th at p. 534.)
Pending Legislation: AB 1141 (Chau) passed out of this Committee and is currently in the Senate. AB 1141, if chaptered, would re-enact the former summary adjudication statute that allowed a court to grant summary adjudication motions to resolve partial issues, without requiring that the entire issue be resolved as a result of the motion.
REGISTERED SUPPORT / OPPOSITION:
Support
California Judicial Council (co-sponsor)
California Judges Association (co-sponsor)
California Chamber of Commerce
Civil Justice Association of California
Opposition
None on file
Analysis Prepared by: Khadijah Hargett / JUD. / (916) 319-2334
SB 470
Page 4
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: SB 470
Amended: 4/22/15
SENATE JUDICIARY COMMITTEE: 6-0, 4/14/15
AYES: Jackson, Vidak, Anderson, Leno, Monning, Wieckowski
NO VOTE RECORDED: Hertzberg
SUBJECT: Civil actions: summary judgment
SOURCE: California Judges Association
Judicial Council of California
DIGEST: This bill provides that a court, in ruling on a motion for summary judgment, need rule only on those objections to evidence that it deems material to its disposition of the motion and provides that any and all objections not ruled upon are deemed overruled and preserved on appeal.
Existing law:
Authorizes any party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding.
Requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court, in determining whether the papers show that there is no triable issue as to any material fact.
Requires that the summary judgment motion be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken, and that the supporting papers include a separate statement setting forth plainly and concisely all material facts which that the moving party contends are undisputed, as specified.
Provides that evidentiary objections not made at the hearing shall be deemed waived.
Holds, in the case of Reid v. Google, Inc. (2010) 50 Cal.4th 512, 534, that if a trial court fails to rule expressly on specific evidentiary objections, it is presumed that the objections have been overruled, the trial court considered the evidence in ruling on the merits of the summary judgment motion, and the objections are preserved on appeal.
This bill:
Adds a provision to the existing summary judgment statute to specify that the court need rule only on those objections to evidence that it deems material to its disposition of the motion for summary judgment.
Specifies that any and all objections not ruled on are deemed overruled and preserved on appeal.
Background
After the filing of a lawsuit, either party to an action may move for summary judgment by contending that the action has no merit or that there is no defense thereto. Essentially, the party filing the motion is claiming that all necessary factual issues are resolved and need not be tried by the court because they are so one-sided. A motion for summary judgment must be supported or opposed by admissible evidence such as affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice, as appropriate. In determining whether the papers show that there is no triable issue as to any material fact, the court must consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court. If the court finds that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, then the motion must be granted (which generally disposes of the whole case). If an issue of fact is presented the court must permit trial thereof, though it may also find that certain other issues “are without substantial controversy” and grant summary adjudication as to those issues. (See Code Civ. Proc. Sec. 437c.) In short, the purpose of the summary procedure is to provide a method for prompt disposition of actions in which there is no triable, material issue of fact on which evidence shall be taken.
This bill is the product of a proposal recommended by the Judicial Council’s Policy Coordination and Liaison Committee, Civil and Small Claims Committee and Appellate Advisory Committee, to reduce the burdens on trial courts associated with evidentiary objections in summary judgment proceedings. According to those advisory committees’ October 29, 2014 report to the Judicial Council, advisory committee members (including both judges and attorneys) report that time and resources expended in ruling on objections to evidence offered in support of or in opposition to summary judgment motions are substantial. (See Report to the Judicial Council, Judicial Council-Sponsored Legislation: Evidentiary Objections in Summary Judgment Proceedings (Oct. 29, 2014) (hereinafter, “Report”) <http://www.courts.ca.gov/documents/jc-20141212-itemN.pdf [as of Apr. 4, 2015] p. 2.)
The Report cites published opinions that illustrate the large number of objections made in summary judgment papers and the huge volume of motion papers in overall. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [“We recognize that it has become common practice for litigants to flood the trial courts with inconsequential written evidentiary objection, without focusing on those that are critical [footnote omitted].”]) The Report specifically cites, as an example, the case of Nazir v. United Airlines, Inc. (2009) wherein “the moving papers in support of a summary judgment totaled 1,056 pages, plaintiff’s opposition was nearly three times as long and included 47 objections to evidence, and the defendant’s reply included 764 objections to evidence.” (Report at pp.2-3, citing 178 Cal.App.4th 243, 249, 250-251 and 254.)
This bill, co-sponsored by the Judicial Council of California and the California Judges Association, seeks to increase court efficiency by specifying, consistent with a recent California Supreme Court case (Reid v. Google, Inc.), that the court need rule only on objections to evidence that it deems material to its disposition of the motion for summary judgment. This bill also preserves any and all objections not ruled upon on appeal by deeming those objections overruled.
Comments
The author writes:
Summary judgment motions have become one of the most time-consuming pre-trial matters that civil courts handle, as parties on both sides flood the courts with evidentiary objections. SB 470 is a carefully balanced, court efficiency proposal that would not only save judges significant amounts of time and resources when considering huge volumes of summary judgment motion papers, but would also avoid any harm to the litigants by preserving their rights on appeal with respect to any properly raised objections that are not expressly ruled upon by the court. . . . In turn, by reducing the burdens on trial courts associated with evidentiary objections in summary judgment proceedings, this proposal will allow the trial courts to handle other motions and proceedings more swiftly.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Judges Association (co-source)
Judicial Council of California (co-source)
California Chamber of Commerce
OPPOSITION: (Verified 4/21/15)
None received
ARGUMENTS IN SUPPORT: Judicial Council of California and the California Judges Association, co-sponsors of this bill, write that “[j]udges may spend hours ruling on evidentiary objections for a single summary judgment motion. Frequently, the number of objections that pertain to evidence on which a court relies in determining whether a triable issue of fact exists is a small subset of the total number of objections made by the parties.” Accordingly, “[t]o reduce the burden on trial courts in ruling on numerous objections to evidence in summary judgment proceedings, Code of Civil Procedure [S]ection 437c would be amended by providing that a court need rule only on those objections to evidence that it deems material to its disposition of the summary judgment motion, and that objections not ruled on are deemed overruled and preserved on appeal.”
Prepared by: Ronak Daylami / JUD. / (916) 651-4113
4/22/15 16:20:34
SB 470 (Jackson)
Page 6 of 6
Senator Hannah-Beth Jackson, Chair
2015 - 2016 Regular Session
SB 470 (Jackson)
Version: February 25, 2015
Hearing Date: April 14, 2015
Fiscal: No
Urgency: No
RD
SUBJECT
Civil actions: summary judgment
DESCRIPTION
This bill would provide that a court, in ruling on a motion for summary judgment, need rule only on those objections to evidence that it deems material to its disposition of the motion and would deem any and all objections not ruled upon overruled and preserved on appeal.
(This analysis reflects author’s amendments to be taken in Committee.)
BACKGROUND
After the filing of a lawsuit, either party to an action may move for summary judgment by contending that the action has no merit or that there is no defense thereto. Essentially, the party filing the motion is claiming that all necessary factual issues are resolved and need not be tried by the court because they are so one-sided. A motion for summary judgment must be supported or opposed by admissible evidence such as affidavits, declarations, admissions, answers to interrogatories, depositions, and requests for judicial notice, as appropriate. In determining whether the papers show that there is no triable issue as to any material fact, the court must consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court. If the court finds that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, then the motion must be granted (which generally disposes of the whole case). If an issue of fact is presented the court must permit trial thereof, though it may also find that certain other issues “are without substantial controversy” and grant summary adjudication as to those issues. (See Code Civ. Proc. Sec. 437c.) In short, the purpose of the summary procedure is to provide a method for prompt disposition of actions in which there is no triable, material issue of fact on which evidence shall be taken.
This bill is the product of a proposal recommended by the Judicial Council’s Policy Coordination and Liaison Committee, Civil and Small Claims Committee and Appellate Advisory Committee, to reduce the burdens on trial courts associated with evidentiary objections in summary judgment proceedings. According to those advisory committees’ October 29, 2014 report to the Judicial Council, advisory committee members (including both judges and attorneys) report that time and resources expended in ruling on objections to evidence offered in support of or in opposition to summary judgment motions are substantial. (See Report to the Judicial Council, Judicial Council-Sponsored Legislation: Evidentiary Objections in Summary Judgment Proceedings (Oct. 29, 2014) (hereinafter, “Report”) <http://www.courts.ca.gov/documents/jc-20141212-itemN.pdf> [as of Apr. 4, 2015] p. 2.)
The report cites published opinions that illustrate the large number of objections made in summary judgment papers and the huge volume of motion papers in overall. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [“We recognize that it has become common practice for litigants to flood the trial courts with inconsequential written evidentiary objection, without focusing on those that are critical [footnote omitted].”]) The report specifically cites, as an example, the case of Nazir v. United Airlines, Inc. (2009) wherein “the moving papers in support of a summary judgment totaled 1,056 pages, plaintiff’s opposition was nearly three times as long and included 47 objections to evidence, and the defendant’s reply included 764 objections to evidence.” (Report at pp.2-3, citing 178 Cal.App.4th 243, 249, 250-251 and 254.)
This bill, co-sponsored by the Judicial Council of California and the California Judges Association, seeks to increase court efficiency by specifying, consistent with a recent California Supreme Court case, that the court need rule only on objections to evidence that it deems material to its disposition of the motion for summary judgment. The bill would also preserve any and all objections not ruled upon on appeal by deeming those objections overruled.
CHANGES TO EXISTING LAW
Existing law authorizes any party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining whether the papers show that there is no triable issue as to any material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court. (Code Civ. Proc. Sec. 437c(a) and (c).)
Existing
law requires that the
summary judgment motion be supported by affidavits, declarations,
admissions, answers to interrogatories, depositions, and matters of
which judicial notice shall or may be taken, and that the supporting
papers include a separate statement setting forth plainly and
concisely all material facts which that the moving party contends are
undisputed, as specified. (Code Civ. Proc. Sec. 437c(b).) Existing
law, among other things, provides that evidentiary objections not
made at the hearing shall be deemed waived. (Code Civ. Proc. Sec.
437c(b)(5).)
Existing case law holds that if a trial court fails to rule expressly on specific evidentiary objections, it is presumed that the objections have been overruled, the trial court considered the evidence in ruling on the merits of the summary judgment motion, and the objections are preserved on appeal. (Reid v. Google, Inc. (2010) 50 Cal.4th 512, 534.)
This bill would add a provision to the summary judgment statute above to specify that the court need rule only on those objections to evidence that it deems material to its disposition of the motion for summary judgment. This bill would specify that any and all objections not ruled on are deemed overruled and preserved on appeal.
COMMENT
1. Stated need for the bill
According to the author,
Summary judgment motions have become one of the most time-consuming pre-trial matters that civil courts handle, as parties on both sides flood the courts with evidentiary objections. SB 470 is a carefully balanced, court efficiency proposal that would not only save judges significant amounts of time and resources when considering huge volumes of summary judgment motion papers, but would also avoid any harm to the litigants by preserving their rights on appeal with respect to any properly raised objections that are not expressly ruled upon by the court. . . . In turn, by reducing the burdens on trial courts associated with evidentiary objections in summary judgment proceedings, this proposal will allow the trial courts to handle other motions and proceedings more swiftly.
Judicial Council of California and the California Judges Association, co-sponsors of this bill, add that “[j]udges may spend hours ruling on evidentiary objections for a single summary judgment motion. Frequently, the number of objections that pertain to evidence on which a court relies in determining whether a triable issue of fact exists is a small subset of the total number of objections made by the parties.” Accordingly, “[t]o reduce the burden on trial courts in ruling on numerous objections to evidence in summary judgment proceedings, Code of Civil Procedure [S]ection 437c would be amended by providing that a court need rule only on those objections to evidence that it deems material to its disposition of the summary judgment motion, and that objections not ruled on are deemed overruled and preserved on appeal.”
2. Bill codifies rule consistent with California Supreme Court decision
Existing law, Section 437c of the Code of Civil Procedure, provides that in bringing or opposing a summary judgment motion, any evidentiary objections not properly made at hearing are deemed waived. That section also requires the court, in considering in determining whether the papers show that there is no triable issue as to any material fact, to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court. (See Code Civ. Proc. Sec. 437c, subds. (b)(5), (c), (d).) This bill would codify a rule, consistent with a recent California Supreme Court decision detailed below, that would expressly recognize that the courts need rule only on those objections to evidence that it deems material to its disposition of a motion for summary judgment. The bill would deem any objections not ruled upon to be overruled, thus preserving those objections on appeal.
Prior to 2010 and the California Supreme Court’s decision Reid v. Google, Inc. (2010) 50 Cal.4th 512, the effect of a trial court’s failure to rule on evidentiary objections that were properly presented was unclear. It was also not clear whether the objection had to be raised at the hearing (as opposed to in writing before the hearing) in order to be considered properly presented.
In Reid, the California Supreme Court explained that while the summary judgment statute requires that the trial court consider all evidence unless an objection to it has been raised and sustained, “the subdivision does not mandate that, in the absence of express rulings, the underlying objections are waived on appeal.” (Id. at 526-527.) “Thus,” the court wrote, “evidentiary objections made ‘at the hearing shall [not] be deemed waived’ . . . even if the trial court fails to rule on them expressly.” (Id. at 527.)
As held by the court, “if the trial court fails to rule expressly on specific evidentiary objections, it is presumed that the objections have been overruled, the trial court considered the evidence in ruling on the merits of the summary judgment motion, and the objections are preserved on appeal.” In rendering its decision, the court disapproved its own decisions to the extent that they hold that, when a trial court fails to rule on objections to summary judgment evidence, the objections are waived and are not preserved on appeal. (Id. at 527, footnote 5.) The Court also disapproved lower court decisions to the extent that they hold that litigants must raise written objections orally at the hearing to preserve them on appeal, or permit the trial court to avoid ruling on specific evidentiary objections, or otherwise permitted the trial court to avoid ruling on specific evidentiary decisions. (Id. at 532, footnotes 7 and 8).
This bill appears to be consistent with the Reid decision and would remove any lingering questions about the effect of a trial court’s silence in its rulings on properly raised evidentiary objections. While the bill appropriately leaves intact the existing requirement that the court consider all objections (except evidence to which objections have been made and sustained by the court) in determining whether or not to grant the motion, it would arguably reduce the time and resources that courts must spend in rendering decisions on these motions by recognizing that the court’s express rulings need only be on those objections it deems material to its disposition of the motion. At the same time, the bill would appear to avoid any negative impact upon the parties: as long as the parties properly make an objection at the hearing (either raising the objection at the hearing, or in writing prior to the hearing), the objection would be preserved on appeal as though it had been overruled by the court.
3. Author amendments
The following clarifying author’s amendments are to be taken in Committee to address stakeholder concerns.
Author’s amendments:
On page 3, line 38, strike “may, in its discretion” and insert “need”
On page 3, line 39, strike “made to evidence that is material to the disposition” and insert “to evidence that it deems material to its disposition”
On page 4, lines 1-2, strike “Objections to evidence that are not on for purposes of the motion shall be” and insert “Any and all objections not ruled on are deemed overruled and”
Support: California Chamber of Commerce
Opposition: None Known
HISTORY
Source: California Judges Association; Judicial Council of California
Related Pending Legislation: AB 1141 (Chau, 2015), in relevant part, would reenact and make permanent a sunsetted summary adjudication provision that allows a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense or issue of duty, if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue(s) to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy, and if the court grants the motion, having considered any timely objections made by nonstipulating parties. This bill is currently set for hearing in the Assembly Judiciary Committee on April 21, 2015.
Prior Legislation: None Known
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Bill Author
Bill Co-Author(s):