Legal Question in Civil Litigation in California

Re: Affidavit

It depends on what you mean by affidavit. California tends not to use affidavits, which are notarized, but rather uses declarations. It would be hard for me to believe that an affidavit is unsigned, because an affidavit is by its definition notarized, and therefore someone is acknowledging a signature. (I have seen some pretty strange things, however.)

If there are unsigned declarations in support of the Motion for Summary Judgment, you would need to verify that the declarations filed with the court. A declaration that is not signed is not admissible evidence. (Code of Civ. Proc. � 2015.5.)

If it is the actual motion, or notice of motion, then that must be signed pursuant to Code of Civil Procedure section 128.7. You cannot move to strike, or for sanctions, however, unless you bring the failure to sign to the attention to the opposing party or attorney, and they then refuse to sign it.

Very truly yours,

Re: Affidavit

Sometimes law firms will make photocopoies of the moving papers before they are all signed. You need to look at the Court's file. If the original signature is on file, they you have no grounds to attack the validity of the declaration/affidavit.

Opposing a Motion for Judgment is very difficult. You should retain a local attonrey right way to assist you.

Re: Affidavit

You'll prepare and file a normal, properly drafted Opposition to the MSJ, including that point along with all other defenses you have to the motion, and hope that the court agrees with you.