Summary Judgment: A Dress Rehearsal for Trial

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Article explores the evolution of judicial attitudes toward summary judgment motions in California courts from hostility to their current use by judges to eject marginal cases from their dockets. Changes to California's summary judgment law in the 1990s made the motion function much like its federal law counterpart by putting the burden on the party opposing a properly made motion to prove with admissible evidence that there is a triable issue. In essence, the summary judgment motion has become a "dress rehearsal" for trial.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kurt Schmalz, Lurie, Zepeda, Schmalz & Hogan | Attorney Advertising

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