Opposition to Motion for Summary Judgment

Required Documents for Opposing MSJ

100

A document that:

• Responds to each of the material facts claimed to be undisputed,

• Plainly and concisely lists any additional material facts the opposing party contends are pertinent to the disposition of the motion, and

• References each material disputed fact and any additional material facts to supporting evidence, including the exhibit, title, page, and line numbers.

(What is) Opposing Party’s Separate Statement of Undisputed Facts?

200

A document that:

• Specifies the material fact(s) that are in dispute, with references to evidence showing the controversy;

• Meets each argument raised in moving party's memorandum;

• Includes citations holding that the moving party has the burden of showing there is no triable issue of fact; and

• Distinguishes or otherwise negates cases supporting the moving party's position.

(What is) Memorandum in Opposition of MSJ?

300

This document has the same format requirements for the supporting memorandum in a motion for summary judgement.

(What Is) Memorandum in Opposition of MSJ?

400

This document must be styled in a two-column format.

(What Is) SSUF?

500

Items and Documents that must be included in an SSUF to support the facts you contend are disputed.

(What Is) Evidence?

Reid v. Google, Inc

100

The final holding of the case

(What is) affirmed?

200

One of the causes actions the plaintiff claimed against Google, Inc. in 2004.

(What are) age discrimination under FEHA, wrongful termination, failure to prevent discrimination, negligent and intentional infliction of emotional distress.

300

One out of two issues the Supreme Court of California decided upon.

Issue #1: "Does a trial court's failure to rule on a party's evidentiary objections relating to MSJ waive the objections on appeal? 

Issue #2: Should California courts follow the federal courts in adopting the stray marks doctrine in employment discrimination cases?"  

• (Reid v. Google, Inc. (2010) 50 Cal.4th 512 [113 Cal.Rptr.3d 327, 235 P.3d 988].) 

400

Google attempted to argue that this doctrine should apply, which states "remarks made by non-decision making co-workers or decision making supervisors outside of the decisional process, are irrelevant."

• (Reid v. Google, Inc. (2010) 50 Cal.4th 512 [113 Cal.Rptr.3d 327, 235 P.3d 988].)

(What is) the Stray Remarks Doctrine?

500

This court was first in this case to hold that failure to rule on Google's evidentiary objections did NOT waive those objections on appeal.

(Hint: Trial, Court of Appeal or Supreme)

(Who is) the Court of Appeal?

CCP Statutes

100

CCP §437(c)

This is granted when "all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law."

Source: California Civil Procedure Before Trial (4th ed. Cal. CEB 2020) §36.2

(What is) Summary Judgment? 

200

CCP §36.75 3

Requires the nonmoving party to submit a separate statement with specific facts showing that a triable issue of material facts exists. 

(What is) the Opposing Parties Seperate Statement?

300

CCP §437c(b)(5) 

An alternative way a party may raise evidentary objections at a summary judgment hearing.

(What are) Oral Objections? 

400

CCP §437c(b)(3) 

A party opposing summary judgment must produce this to show that at least one triable issue of material fact exists.  

(What is) Evidence in Opposition to Motion?

500

CCP §437c(b)(3)

Lists if the statement is disputed or undisputed, set forth any other material facts the other side left off, and includes a reference to the supporting evidence. 

(What are) the contents of a seperate statement?

Documents that MAY be added for Opposing MSJ

100

Name of this document

(What is) a proposed order?

200

This document may contain the format below to object to evidence. (Source: CEB) 

(What are) objections to the moving parties' evidence?

300

Written objections that allow the court sufficient time to review the evidence offered and objections made. 

(What are) Objections to the moving parties' evidence?

400

Document used by one party to ask the court for an order without the usual notice to the other party.

(Hint: Party must apply for this)

(What is) an Ex Parte Application? 

500

One available formatting option for this type of document:

(What is) a proposed order?

Anything Goes

100

The party seeking a motion for summary judgment from the court. (Hint: Moving or Non-Moving)

(WHO IS) The Moving Party?

200

The party that the judge must view the evidence in the most favorable light to in a motion for summary judgment.

 (WHO IS) the nonmoving party?

300

The non-moving party on the motion for summary judgment in the case; 

JESUS MORENO, et al.,Plaintiffs, v. JEFFREY WILLIAMS, et al, Defendants

(WHO IS) JESUS MORENO SR., et al. 

(In our assigned MSJ, the non-moving party is our clients(s), the plaintiff(s), JESUS MORENO et al.)

400

The two causes of action asserted by the PLAINTIFF(s); JESUS MORENO SR., et al.

(WHAT ARE) QUIET TITLE AGAINST LENDERS; AND RELIEF ON THE GROUNDS OF MISTAKE AS AGAINST LENDERS   [See Ex 1 Complaint: Populi  (in FILES)]

500

The burden required by the moving party in a motion for summary judgment. 

(What is) the burden of persuasion?