The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.

A Motion for Summary Judgment can be filed when a moving party can show that all evidence is in favor of the party.

“Code of Civil Procedure, section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Adler v. Manor Healthcare Corp. (1992) 7 Cal. App. 4th 1110, 1119.

The pleadings “‘set the boundaries of the issues to be resolved at summary judgment.’” Raiders v. Nat'l Football League (2005) 131 Cal.App.4th 621, 648.

“On a motion for summary judgment, the initial burden is always on the moving party to make a prima facia showing that there are no triable issues of material fact.” Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal. App. 4th 1510, 1519. There is no obligation on the opposing party to establish anything by affidavit unless and until the moving party has by affidavit stated facts establishing every element necessary to sustain a judgment in his favor. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. A party moving for summary judgment “has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action... cannot be established, or that there is a complete defense to the cause of action.” Code of Civ. Procedure, § 437c(p)(2).

“Once the defendant... has met that burden, the burden shifts to the plaintiff... to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.” Code of Civ. Procedure, § 437c(p)(2). “If the plaintiff cannot do so, summary judgment should be granted.” Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 Cal. App. 4th 463, 467.

A motion for summary judgment must be accompanied by a written notice of motion. Cal. Rules of Court, Rule 3.1350(c)(1); see Code Civ. Proc., § 1010; Cal. Rules of Court, Rule 3.1110. Failure to do this risks due process violations, especially given the substantial impact on the rights of the opposing party.

The motion also must have a separate statement of fact. Code Civ. Proc., §437(b)(1).

Summary judgment cannot be ordered on the court’s own motion. Scheiding v. Dinwiddie Const. Co. (1999) 69 Cal. App. 4th 64, 75.

“When deciding whether to grant summary judgment, the court must consider all of the evidence set forth in the papers (except evidence to which the court has sustained an objection), as well as all reasonable inferences that may be drawn from that evidence, in the light most favorable to the party opposing summary judgment.” Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 Cal. App. 4th 463, 467; CCP §437c(c).

Other principles also guide the court, including that “‘[w]e accept as true the facts... in the evidence of the party opposing summary judgment and the reasonable inferences that can be drawn from them.’... And we must ‘“view the evidence in the light most favorable to [responding party]...’ and “liberally construe [responding party’s] evidentiary submissions and strictly scrutinize [moving party’s] own evidence, in order to resolve any evidentiary doubts or ambiguities in [responding party’s] favor.”’” Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 254.

“If it appears from the affidavits submitted in opposition to a motion for summary judgment...that facts essential to justify opposition may exist but cannot, for reasons stated, be present, 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.” Code Civ. Proc. § 437c(h).

Generally, a partial summary judgment is not permitted. Chohon v. Farmers & Merchants Bank of Long Beach (1964) 231 Cal.App.2d 538, 547 (discussing how the California summary judgment statute is modeled after the federal rule, which does not authorize a partial summary judgment).

Notice of the motion and supporting papers shall be served on all other parties to the action at least 60 days before the time appointed for hearing.” Code Civ. Proc., § 437c(a).

Code of Civil Procedure 437c(3) provides: “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.” Subsection (2) provides that “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.”