Legal Question in Administrative Law in California

Re: Summary judegment

CCP sec. 437c(b)(2): "Any 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."

437c(b)(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."

Sec. 1005(c): "...all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means . . . reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed."

Even with your MSJ on calendar, you still need to oppose the defendant's MSJ. If the court is watching its calendar closely, it might continue the defendant's hearing to be heard on the same day as your MSJ. As to how to present the facts, the MSJ can only be decided on admissible evidence. Hearsay declarations will not suffice. Deposition testimony can be helpful as exhibits; expert declarations of opinion are usually accepted; medical and business records typically are not contested. You bring all the admissible evidence you can. Remember, in opposing the defendant's MSJ, you need only show that there is a triable issue of material fact. In making your own MSJ, you have to show that there is none. The burden is heavier for the moving party, so in theory, your Opposition should be less work.

If you would like me to take a look at your opposing/moving papers and make recommendations for a nominal flat fee, please give me a call.