Motion for Summary Judgment in California: Filing, Hearing, Ruling

A motion for summary judgment in California is a request under Code of Civil Procedure Section 437c asking the court to end a lawsuit, or specific parts of it, without a trial because no material fact is genuinely disputed and the law entitles the moving party to judgment. The filing fee is $500.¹ Whether you are bringing the motion or fighting one, the outcome usually turns on the separate statement and the admissibility of your evidence, not on oral argument.

What the Court Is Deciding

The judge does not weigh evidence or judge credibility on a summary judgment motion. The court looks at the paper record and asks one question: is there a genuine dispute about a fact that actually matters to the outcome? If the answer is no, the motion is granted and judgment is entered. If even one material fact is genuinely contested, the motion fails and the case proceeds to trial.

The court reads the moving party’s evidence strictly and the opposing party’s evidence liberally, drawing every reasonable inference in favor of the side fighting the motion. That built-in tilt reflects how serious it is to end a case without letting a jury hear it.

Who Has to Prove What

The moving party carries the initial burden, and what that means depends on the side.

A defendant moving for summary judgment must show either that at least one element of the plaintiff’s claim cannot be proven or that a complete defense bars the claim. A plaintiff moving for summary judgment must prove every element of the cause of action. Either way, the moving party has to present actual evidence, not just legal argument.

Once that initial showing is made, the burden shifts. The opposing party then has to come forward with specific facts showing a genuine dispute exists. Pointing back to the allegations in a complaint or answer is not enough. Bare pleading allegations are not evidence and will not create a triable issue at this stage.²

Summary Adjudication for Parts of a Case

You do not have to seek judgment on the entire case. A motion for summary adjudication targets a single cause of action, an affirmative defense, a claim for punitive damages, or an issue of duty. The limit is that the motion must completely dispose of whatever it targets. Summary adjudication cannot be used to chip away at part of a claim while leaving the rest of that same claim alive.²

Parties often file summary adjudication as a fallback alongside a full summary judgment motion: end the case if possible, and if not, at least eliminate specific claims or defenses. The procedural rules, deadlines, and filing requirements are the same either way, and so is the $500 fee.¹

When You Can File and When the Hearing Must Happen

You cannot bring the motion at any time. The earliest it can be filed is 60 days after every party the motion targets has made a general appearance. Courts can shorten that period for good cause, but rarely do.²

On the other end, the hearing must take place at least 30 days before trial unless the court orders otherwise. Because the motion papers have to be served at least 81 days before the hearing, the filing window can close fast when trial is approaching. Count backwards from the trial date before assuming there is still time.

Service Deadlines

Motion and supporting papers: served on all other parties at least 81 days before the hearing.
Opposition papers: filed and served at least 20 days before the hearing.
Reply papers: filed and served at least 11 days before the hearing.

The 81-day notice period is extended by the method of service: five days for mail within California, 10 days for mail to an address outside California but within the United States, and two court days for overnight delivery or fax.³ These are hard deadlines. Missing one by a day can sink the motion.

What Goes in the Motion Package

The moving papers have several required parts, each doing separate work:

Notice of Motion, stating the hearing date and the relief sought.
Memorandum of Points and Authorities, laying out the legal argument.
Separate Statement of Undisputed Material Facts, listing every fact the moving party contends is undisputed, with a citation to the evidence supporting each one.
Declarations and Exhibits, containing the actual evidence: witness declarations, deposition excerpts, interrogatory answers, and documents produced in discovery.

Supporting evidence exceeding 25 pages must be separately bound with a table of contents.⁴

The Separate Statement

The separate statement is the most important document in the package. Any material fact not listed there effectively does not exist for purposes of the motion. Judges work from the separate statement, not from the brief.

California Rules of Court require a specific two-column format. The left column lists each undisputed fact in numbered sequence, followed by a citation to the exhibit, page, and line number that supports it. The opposition’s separate statement mirrors the layout, with the right column stating whether each fact is “disputed” or “undisputed” and citing contrary evidence for any disputed facts.⁴

Evidence Rules

Every declaration submitted for or against the motion must be based on personal knowledge, contain facts that would be admissible at trial, and show that the declarant is competent to testify to those facts. Hearsay in a declaration is vulnerable to objection, and objections not raised at the hearing are waived.² Declarations from someone summarizing what another person said, or documents attached without a foundation declaration, are common failure points. If it could not be admitted at trial, it cannot be relied on here.

Opposing the Motion

The opposing party’s job is to show at least one material fact is genuinely disputed. The opposition must include its own separate statement responding to every fact asserted by the moving party. Each response must unequivocally state whether the fact is disputed or undisputed. A vague or evasive response is treated as a concession that the fact is undisputed.

Where a fact is disputed, the opposition has to identify the specific evidence creating the dispute, down to the exhibit, page, and line number. The opposing party can also introduce additional material facts it contends are disputed, supported with the same specificity.⁴

The opposition also includes a memorandum of points and authorities and any declarations and exhibits supporting the disputed facts. A strong brief cannot save an opposition without evidence, and strong evidence is wasted if the separate statement does not present it properly.

Continuance If You Need More Discovery

If essential facts exist but cannot be presented because discovery is not complete, the opposing party can ask the court for a continuance. The court must either deny the motion, grant a continuance to allow discovery, or fashion another appropriate order.²

The request must be supported by a declaration identifying the specific facts you expect to discover and explaining why they cannot be presented now. A general request for more time will not work. The application can be made ex parte at any time on or before the opposition due date. If you lack the evidence to oppose the motion and do not ask for a continuance, the court has no basis to hold the motion off.

Evidentiary Objections

Both sides may file written objections to the other side’s evidence. The court is not required to rule on every objection, only the ones it considers material to its decision. Objections the court does not rule on are automatically preserved for appeal.²

Objections in this setting most often target declarations that lack personal knowledge, contain hearsay, or offer legal conclusions instead of facts. A successful foundation objection can knock out the only evidence supporting a disputed fact and change the outcome.

The Hearing and Tentative Ruling

Many California superior courts issue a tentative ruling before the hearing, typically posted the afternoon before, showing how the judge is leaning based on the papers. If neither side contests the tentative, it usually becomes the final ruling without argument. A party who wants to argue must follow the court’s local rules for requesting oral argument. Tentative rulings occasionally get reversed at the hearing, but summary judgment motions are overwhelmingly decided on the papers.

After the Ruling

If the motion is denied, the case proceeds to trial. Denial is not directly appealable because the order does not end the case. A party who believes the denial was wrong can seek review through a petition for writ of mandate, but appellate courts grant writs in this context sparingly.⁵

If the motion is granted, the court enters judgment. The judgment is appealable; the order granting summary judgment itself is not. The losing party has to wait for the formal judgment to be entered before appealing. On appeal, the court reviews the decision de novo, looking at the same evidence and arguments fresh with no deference to the trial court’s reasoning.

A party whose summary adjudication motion was denied generally cannot refile it as a summary judgment motion rehashing the same arguments. Refiling requires newly discovered facts or a change in the law that supports the previously denied issues.²

1
Judicial Branch of California. Superior Court of California Statewide Civil Fee Schedule Effective January 1, 2026
2
California Legislative Information. California Code CCP 437c – Summary Judgments and Motions for Judgment on the Pleadings
3
California Legislative Information. California Code CCP 437c – Summary Judgments and Motions for Judgment on the Pleadings
4
Judicial Branch of California. California Rules of Court Rule 3.1350 – Motion for Summary Judgment or Summary Adjudication
5
Judicial Branch of California. Fourth District Court of Appeal Self-Help Manual Chapter 1 – Can You Appeal