Bill Text: CA SB470 | 2015-2016 | Regular Session | Chaptered
Bill Title: Civil actions: summary judgment and summary adjudication.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-08-10 - Chaptered by Secretary of State. Chapter 161, Statutes of 2015. [SB470 Detail]
Download: California-2015-SB470-Chaptered.html
BILL NUMBER: SB 470 CHAPTERED
BILL TEXT
CHAPTER 161
FILED WITH SECRETARY OF STATE AUGUST 10, 2015
APPROVED BY GOVERNOR AUGUST 10, 2015
PASSED THE SENATE JULY 16, 2015
PASSED THE ASSEMBLY JULY 13, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN SENATE APRIL 22, 2015
INTRODUCED BY Senator Jackson
FEBRUARY 25, 2015
An act to amend Section 437c of the Code of Civil Procedure,
relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
SB 470, Jackson. Civil actions: summary judgment and summary
adjudication.
Existing law authorizes a party, pursuant to a specified
procedure, to move for summary judgment in any action or proceeding
if it is contended that the action has no merit or that there is no
defense to it and to move for summary adjudication as to certain
issues in the action or proceeding. Existing law requires the court
to grant a motion for summary judgment if all the papers submitted
show that there is no triable issue as to any material fact and that
the moving party is entitled to a judgment as a matter of law, and to
grant a motion for summary adjudication if the papers submitted show
that there is no triable issue as to one or more material facts the
adjudication of which will completely dispose of a cause of action,
an affirmative defense, a claim for damages, or an issue of duty. In
determining whether the papers show that there is no triable issue as
to a material fact, existing law requires the court to consider all
of the evidence set forth in the papers, except evidence to which
objections have been made and sustained by the court.
This bill would provide that, in granting or denying a motion for
summary judgment or summary adjudication, the court need rule only on
objections made to evidence that the court deems material to the
disposition of the motion. The bill would also provide that
objections to evidence not ruled on for purposes of the motion would
be preserved for appellate review.
The bill would also make nonsubstantive changes to the
provisions.
This bill would incorporate additional changes to Section 437c of
the Code of Civil Procedure proposed by AB 1141 that would become
operative only if AB 1141 and this bill are both chaptered and become
effective on or before January 1, 2016, and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 437c of the Code of Civil Procedure is amended
to read:
437c. (a) A party may move for summary judgment in any action or
proceeding if it is contended that the action has no merit or that
there is no defense to the action or proceeding. The motion may be
made at any time after 60 days have elapsed since the general
appearance in the action or proceeding of each party against whom the
motion is directed or at any earlier time after the general
appearance that the court, with or without notice and upon good cause
shown, may direct. 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. However, if the notice is served by
mail, the required 75-day period of notice shall be increased by 5
days if the place of address is within the State of California, 10
days if the place of address is outside the State of California but
within the United States, and 20 days if the place of address is
outside the United States, and if the notice is served by facsimile
transmission, Express Mail, or another method of delivery providing
for overnight delivery, the required 75-day period of notice shall be
increased by two court days. 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.
(b) (1) The motion shall be supported by affidavits, declarations,
admissions, answers to interrogatories, depositions, and matters of
which judicial notice shall or may be taken. The supporting papers
shall include a separate statement setting forth plainly and
concisely all material facts that the moving party contends are
undisputed. Each of the material facts stated shall be followed by a
reference to the supporting evidence. The failure to comply with this
requirement of a separate statement may in the court's discretion
constitute a sufficient ground for denial of the motion.
(2) An 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. The opposition,
where appropriate, shall consist of affidavits, declarations,
admissions, answers to interrogatories, depositions, and matters of
which judicial notice shall or may be taken.
(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. The statement also shall
set forth plainly and concisely any other material facts that the
opposing party contends are disputed. Each material fact contended by
the opposing party to be disputed shall be followed by a reference
to the supporting evidence. Failure to comply with this requirement
of a separate statement may constitute a sufficient ground, in the
court's discretion, for granting the motion.
(4) A reply to the opposition shall be served and filed by the
moving party not less than five days preceding the noticed or
continued date of hearing, unless the court for good cause orders
otherwise.
(5) Evidentiary objections not made at the hearing shall be deemed
waived.
(6) Except for subdivision (c) of Section 1005 relating to the
method of service of opposition and reply papers, Sections 1005 and
1013, extending the time within which a right may be exercised or an
act may be done, do not apply to this section.
(7) An incorporation by reference of a matter in the court's file
shall set forth with specificity the exact matter to which reference
is being made and shall not incorporate the entire file.
(c) The motion for summary judgment shall be granted if all the
papers submitted show that there is no triable issue as to any
material fact and that the moving party is entitled to a judgment as
a matter of law. In determining whether the papers show that there is
no triable issue as to any material fact the court shall consider
all of the evidence set forth in the papers, except that to which
objections have been made and sustained by the court, and all
inferences reasonably deducible from the evidence, except summary
judgment may not be granted by the court based on inferences
reasonably deducible from the evidence if contradicted by other
inferences or evidence that raise a triable issue as to any material
fact.
(d) Supporting and opposing affidavits or declarations shall be
made by a person on personal knowledge, shall set forth admissible
evidence, and shall show affirmatively that the affiant is competent
to testify to the matters stated in the affidavits or declarations.
An objection based on the failure to comply with the requirements of
this subdivision, if not made at the hearing, shall be deemed waived.
(e) If a party is otherwise entitled to a summary judgment
pursuant to this section, summary judgment may not be denied on
grounds of credibility or for want of cross-examination of witnesses
furnishing affidavits or declarations in support of the summary
judgment, except that summary judgment may be denied in the
discretion of the court if the only proof of a material fact offered
in support of the summary judgment is an affidavit or declaration
made by an individual who was the sole witness to that fact; or if a
material fact is an individual's state of mind, or lack thereof, and
that fact is sought to be established solely by the individual's
affirmation thereof.
(f) (1) A party may move for summary adjudication as to one or
more causes of action within an action, one or more affirmative
defenses, one or more claims for damages, or one or more issues of
duty, if that party contends that the cause of action has no merit or
that there is no affirmative defense thereto, or that there is no
merit to an affirmative defense as to any cause of action, or both,
or that there is no merit to a claim for damages, as specified in
Section 3294 of the Civil Code, or that one or more defendants either
owed or did not owe a duty to the plaintiff or plaintiffs. A motion
for summary adjudication shall be granted only if it completely
disposes of a cause of action, an affirmative defense, a claim for
damages, or an issue of duty.
(2) A motion for summary adjudication may be made by itself or as
an alternative to a motion for summary judgment and shall proceed in
all procedural respects as a motion for summary judgment. However, a
party may not move for summary judgment based on issues asserted in a
prior motion for summary adjudication and denied by the court unless
that party establishes, to the satisfaction of the court, newly
discovered facts or circumstances or a change of law supporting the
issues reasserted in the summary judgment motion.
(g) Upon the denial of a motion for summary judgment on the ground
that there is a triable issue as to one or more material facts, the
court shall, by written or oral order, specify one or more material
facts raised by the motion as to which the court has determined there
exists a triable controversy. This determination shall specifically
refer to the evidence proffered in support of and in opposition to
the motion that indicates that a triable controversy exists. Upon the
grant of a motion for summary judgment on the ground that there is
no triable issue of material fact, the court shall, by written or
oral order, specify the reasons for its determination. The order
shall specifically refer to the evidence proffered in support of and,
if applicable, in opposition to the motion which indicates that no
triable issue exists. The court shall also state its reasons for any
other determination. The court shall record its determination by
court reporter or written order.
(h) If it appears from the affidavits submitted in opposition to a
motion for summary judgment or summary adjudication or both that
facts essential to justify opposition may exist but cannot, for
reasons stated, then be presented, 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. The application to
continue the motion to obtain necessary discovery may also be made
by ex parte motion at any time on or before the date the opposition
response to the motion is due.
(i) If, after granting a continuance to allow specified additional
discovery, the court determines that the party seeking summary
judgment has unreasonably failed to allow the discovery to be
conducted, the court shall grant a continuance to permit the
discovery to go forward or deny the motion for summary judgment or
summary adjudication. This section does not affect or limit the
ability of a party to compel discovery under the Civil Discovery Act
(Title 4 (commencing with Section 2016.010) of Part 4).
(j) If the court determines at any time that an affidavit was
presented in bad faith or solely for the purpose of delay, the court
shall order the party who presented the affidavit to pay the other
party the amount of the reasonable expenses that the filing of the
affidavit caused the other party to incur. Sanctions shall not be
imposed pursuant to this subdivision except on notice contained in a
party's papers or on the court's own noticed motion, and after an
opportunity to be heard.
(k) Unless a separate judgment may properly be awarded in the
action, a final judgment shall not be entered on a motion for summary
judgment before the termination of the action, but the final
judgment shall, in addition to any matters determined in the action,
award judgment as established by the summary proceeding herein
provided for.
(l) In an action arising out of an injury to the person or to
property, if a motion for summary judgment is granted on the basis
that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.
(m) (1) A summary judgment entered under this section is an
appealable judgment as in other cases. Upon entry of an order
pursuant to this section, except the entry of summary judgment, a
party may, within 20 days after service upon him or her of a written
notice of entry of the order, petition an appropriate reviewing court
for a peremptory writ. If the notice is served by mail, the initial
period within which to file the petition shall be increased by five
days if the place of address is within the State of California, 10
days if the place of address is outside the State of California but
within the United States, and 20 days if the place of address is
outside the United States. If the notice is served by facsimile
transmission, Express Mail, or another method of delivery providing
for overnight delivery, the initial period within which to file the
petition shall be increased by two court days. The superior court
may, for good cause, and prior to the expiration of the initial
period, extend the time for one additional period not to exceed 10
days.
(2) Before a reviewing court affirms an order granting summary
judgment or summary adjudication on a ground not relied upon by the
trial court, the reviewing court shall afford the parties an
opportunity to present their views on the issue by submitting
supplemental briefs. The supplemental briefing may include an
argument that additional evidence relating to that ground exists, but
that the party has not had an adequate opportunity to present the
evidence or to conduct discovery on the issue. The court may reverse
or remand based upon the supplemental briefing to allow the parties
to present additional evidence or to conduct discovery on the issue.
If the court fails to allow supplemental briefing, a rehearing shall
be ordered upon timely petition of a party.
(n) (1) If a motion for summary adjudication is granted, at the
trial of the action, the cause or causes of action within the action,
affirmative defense or defenses, claim for damages, or issue or
issues of duty as to the motion which has been granted shall be
deemed to be established and the action shall proceed as to the cause
or causes of action, affirmative defense or defenses, claim for
damages, or issue or issues of duty remaining.
(2) In the trial of the action, the fact that a motion for summary
adjudication is granted as to one or more causes of action,
affirmative defenses, claims for damages, or issues of duty within
the action shall not operate to bar any cause of action, affirmative
defense, claim for damages, or issue of duty as to which summary
adjudication was either not sought or denied.
(3) In the trial of an action, neither a party, a witness, nor the
court shall comment to a jury upon the grant or denial of a motion
for summary adjudication.
(o) A cause of action has no merit if either of the following
exists:
(1) One or more of the elements of the cause of action cannot be
separately established, even if that element is separately pleaded.
(2) A defendant establishes an affirmative defense to that cause
of action.
(p) For purposes of motions for summary judgment and summary
adjudication:
(1) A plaintiff or cross-complainant has met his or her burden of
showing that there is no defense to a cause of action if that party
has proved each element of the cause of action entitling the party to
judgment on that cause of action. Once the plaintiff or
cross-complainant has met that burden, the burden shifts to the
defendant or cross-defendant to show that a triable issue of one or
more material facts exists as to that cause of action or a defense
thereto. The defendant or cross-defendant shall not rely upon the
mere allegations or denials of its pleadings to show that a triable
issue of material fact exists but, instead, shall set forth the
specific facts showing that a triable issue of material fact exists
as to that cause of action or a defense thereto.
(2) A defendant or cross-defendant has met his or her burden of
showing that a cause of action has no merit if that party has shown
that one or more elements of the cause of action, even if not
separately pleaded, cannot be established, or that there is a
complete defense to that cause of action. Once the defendant or
cross-defendant has met that burden, the burden shifts to the
plaintiff or cross-complainant to show that a triable issue of one or
more material facts exists as to that cause of action or a defense
thereto. The plaintiff or cross-complainant shall not rely upon the
mere allegations or denials of its pleadings to show that a triable
issue of material fact exists but, instead, shall set forth the
specific facts showing that a triable issue of material fact exists
as to that cause of action or a defense thereto.
(q) In granting or denying a motion for summary judgment or
summary adjudication, the court need rule only on those objections to
evidence that it deems material to its disposition of the motion.
Objections to evidence that are not ruled on for purposes of the
motion shall be preserved for appellate review.
(r) This section does not extend the period for trial provided by
Section 1170.5.
(s) Subdivisions (a) and (b) do not apply to actions brought
pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of
Part 3.
(t) For purposes of this section, a change in law does not include
a later enacted statute without retroactive application.
SEC. 1.5. Section 437c of the Code of Civil Procedure is amended
to read:
437c. (a) (1) A party may move for summary judgment in any action
or proceeding if it is contended that the action has no merit or
that there is no defense to the action or proceeding. The motion may
be made at any time after 60 days have elapsed since the general
appearance in the action or proceeding of each party against whom the
motion is directed or at any earlier time after the general
appearance that the court, with or without notice and upon good cause
shown, may direct.
(2) 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. However, if the notice is served by mail, the
required 75-day period of notice shall be increased by 5 days if the
place of address is within the State of California, 10 days if the
place of address is outside the State of California but within the
United States, and 20 days if the place of address is outside the
United States, and if the notice is served by facsimile transmission,
express mail, or another method of delivery providing for overnight
delivery, the required 75-day period of notice shall be increased by
2 court days.
(3) 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.
(b) (1) The motion shall be supported by affidavits, declarations,
admissions, answers to interrogatories, depositions, and matters of
which judicial notice shall or may be taken. The supporting papers
shall include a separate statement setting forth plainly and
concisely all material facts that the moving party contends are
undisputed. Each of the material facts stated shall be followed by a
reference to the supporting evidence. The failure to comply with this
requirement of a separate statement may in the court's discretion
constitute a sufficient ground for denial of the motion.
(2) An 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. The opposition,
where appropriate, shall consist of affidavits, declarations,
admissions, answers to interrogatories, depositions, and matters of
which judicial notice shall or may be taken.
(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. The statement also shall
set forth plainly and concisely any other material facts that the
opposing party contends are disputed. Each material fact contended by
the opposing party to be disputed shall be followed by a reference
to the supporting evidence. Failure to comply with this requirement
of a separate statement may constitute a sufficient ground, in the
court's discretion, for granting the motion.
(4) A reply to the opposition shall be served and filed by the
moving party not less than five days preceding the noticed or
continued date of hearing, unless the court for good cause orders
otherwise.
(5) Evidentiary objections not made at the hearing shall be deemed
waived.
(6) Except for subdivision (c) of Section 1005 relating to the
method of service of opposition and reply papers, Sections 1005 and
1013, extending the time within which a right may be exercised or an
act may be done, do not apply to this section.
(7) A incorporation by reference of a matter in the court's file
shall set forth with specificity the exact matter to which reference
is being made and shall not incorporate the entire file.
(c) The motion for summary judgment shall be granted if all the
papers submitted show that there is no triable issue as to any
material fact and that the moving party is entitled to a judgment as
a matter of law. In determining whether the papers show that there is
no triable issue as to any material fact the court shall consider
all of the evidence set forth in the papers, except that to which
objections have been made and sustained by the court, and all
inferences reasonably deducible from the evidence, except summary
judgment may not be granted by the court based on inferences
reasonably deducible from the evidence if contradicted by other
inferences or evidence that raise a triable issue as to any material
fact.
(d) Supporting and opposing affidavits or declarations shall be
made by a person on personal knowledge, shall set forth admissible
evidence, and shall show affirmatively that the affiant is competent
to testify to the matters stated in the affidavits or declarations.
An objection based on the failure to comply with the requirements of
this subdivision, if not made at the hearing, shall be deemed waived.
(e) If a party is otherwise entitled to a summary judgment
pursuant to this section, summary judgment may not be denied on
grounds of credibility or for want of cross-examination of witnesses
furnishing affidavits or declarations in support of the summary
judgment, except that summary judgment may be denied in the
discretion of the court if the only proof of a material fact offered
in support of the summary judgment is an affidavit or declaration
made by an individual who was the sole witness to that fact; or if a
material fact is an individual's state of mind, or lack thereof, and
that fact is sought to be established solely by the individual's
affirmation thereof.
(f) (1) A party may move for summary adjudication as to one or
more causes of action within an action, one or more affirmative
defenses, one or more claims for damages, or one or more issues of
duty, if that party contends that the cause of action has no merit or
that there is no affirmative defense thereto, or that there is no
merit to an affirmative defense as to any cause of action, or both,
or that there is no merit to a claim for damages, as specified in
Section 3294 of the Civil Code, or that one or more defendants either
owed or did not owe a duty to the plaintiff or plaintiffs. A motion
for summary adjudication shall be granted only if it completely
disposes of a cause of action, an affirmative defense, a claim for
damages, or an issue of duty.
(2) A motion for summary adjudication may be made by itself or as
an alternative to a motion for summary judgment and shall proceed in
all procedural respects as a motion for summary judgment. However, a
party may not move for summary judgment based on issues asserted in a
prior motion for summary adjudication and denied by the court unless
that party establishes, to the satisfaction of the court, newly
discovered facts or circumstances or a change of law supporting the
issues reasserted in the summary judgment motion.
(g) Upon the denial of a motion for summary judgment on the ground
that there is a triable issue as to one or more material facts, the
court shall, by written or oral order, specify one or more material
facts raised by the motion as to which the court has determined there
exists a triable controversy. This determination shall specifically
refer to the evidence proffered in support of and in opposition to
the motion that indicates that a triable controversy exists. Upon the
grant of a motion for summary judgment on the ground that there is
no triable issue of material fact, the court shall, by written or
oral order, specify the reasons for its determination. The order
shall specifically refer to the evidence proffered in support of and,
if applicable, in opposition to the motion which indicates that no
triable issue exists. The court shall also state its reasons for any
other determination. The court shall record its determination by
court reporter or written order.
(h) If it appears from the affidavits submitted in opposition to a
motion for summary judgment or summary adjudication or both that
facts essential to justify opposition may exist but cannot, for
reasons stated, then be presented, 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. The application to
continue the motion to obtain necessary discovery may also be made
by ex parte motion at any time on or before the date the opposition
response to the motion is due.
(i) If, after granting a continuance to allow specified additional
discovery, the court determines that the party seeking summary
judgment has unreasonably failed to allow the discovery to be
conducted, the court shall grant a continuance to permit the
discovery to go forward or deny the motion for summary judgment or
summary adjudication. This section does not affect or limit the
ability of a party to compel discovery under the Civil Discovery Act
(Title 4 (commencing with Section 2016.010) of Part 4).
(j) If the court determines at any time that an affidavit was
presented in bad faith or solely for the purpose of delay, the court
shall order the party who presented the affidavit to pay the other
party the amount of the reasonable expenses that the filing of the
affidavit caused the other party to incur. Sanctions shall not be
imposed pursuant to this subdivision except on notice contained in a
party's papers or on the court's own noticed motion, and after an
opportunity to be heard.
(k) Unless a separate judgment may properly be awarded in the
action, a final judgment shall not be entered on a motion for summary
judgment before the termination of the action, but the final
judgment shall, in addition to any matters determined in the action,
award judgment as established by the summary proceeding herein
provided for.
(l) In an action arising out of an injury to the person or to
property, if a motion for summary judgment is granted on the basis
that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.
(m) (1) A summary judgment entered under this section is an
appealable judgment as in other cases. Upon entry of an order
pursuant to this section, except the entry of summary judgment, a
party may, within 20 days after service upon him or her of a written
notice of entry of the order, petition an appropriate reviewing court
for a peremptory writ. If the notice is served by mail, the initial
period within which to file the petition shall be increased by 5 days
if the place of address is within the State of California, 10 days
if the place of address is outside the State of California but within
the United States, and 20 days if the place of address is outside
the United States. If the notice is served by facsimile transmission,
express mail or another method of delivery providing for overnight
delivery, the initial period within which to file the petition shall
be increased by two court days. The superior court may, for good
cause, and prior to the expiration of the initial period, extend the
time for one additional
period not to exceed 10 days.
(2) Before a reviewing court affirms an order granting summary
judgment or summary adjudication on a ground not relied upon by the
trial court, the reviewing court shall afford the parties an
opportunity to present their views on the issue by submitting
supplemental briefs. The supplemental briefing may include an
argument that additional evidence relating to that ground exists, but
that the party has not had an adequate opportunity to present the
evidence or to conduct discovery on the issue. The court may reverse
or remand based upon the supplemental briefing to allow the parties
to present additional evidence or to conduct discovery on the issue.
If the court fails to allow supplemental briefing, a rehearing shall
be ordered upon timely petition of a party.
(n) (1) If a motion for summary adjudication is granted, at the
trial of the action, the cause or causes of action within the action,
affirmative defense or defenses, claim for damages, or issue or
issues of duty as to the motion which has been granted shall be
deemed to be established and the action shall proceed as to the cause
or causes of action, affirmative defense or defenses, claim for
damages, or issue or issues of duty remaining.
(2) In the trial of the action, the fact that a motion for summary
adjudication is granted as to one or more causes of action,
affirmative defenses, claims for damages, or issues of duty within
the action shall not operate to bar any cause of action, affirmative
defense, claim for damages, or issue of duty as to which summary
adjudication was either not sought or denied.
(3) In the trial of an action, neither a party, a witness, nor the
court shall comment to a jury upon the grant or denial of a motion
for summary adjudication.
(o) A cause of action has no merit if either of the following
exists:
(1) One or more of the elements of the cause of action cannot be
separately established, even if that element is separately pleaded.
(2) A defendant establishes an affirmative defense to that cause
of action.
(p) For purposes of motions for summary judgment and summary
adjudication:
(1) A plaintiff or cross-complainant has met his or her burden of
showing that there is no defense to a cause of action if that party
has proved each element of the cause of action entitling the party to
judgment on that cause of action. Once the plaintiff or
cross-complainant has met that burden, the burden shifts to the
defendant or cross-defendant to show that a triable issue of one or
more material facts exists as to that cause of action or a defense
thereto. The defendant or cross-defendant shall not rely upon the
mere allegations or denials of its pleadings to show that a triable
issue of material fact exists but, instead, shall set forth the
specific facts showing that a triable issue of material fact exists
as to that cause of action or a defense thereto.
(2) A defendant or cross-defendant has met his or her burden of
showing that a cause of action has no merit if that party has shown
that one or more elements of the cause of action, even if not
separately pleaded, cannot be established, or that there is a
complete defense to that cause of action. Once the defendant or
cross-defendant has met that burden, the burden shifts to the
plaintiff or cross-complainant to show that a triable issue of one or
more material facts exists as to that cause of action or a defense
thereto. The plaintiff or cross-complainant shall not rely upon the
mere allegations or denials of its pleadings to show that a triable
issue of material fact exists but, instead, shall set forth the
specific facts showing that a triable issue of material fact exists
as to that cause of action or a defense thereto.
(q) In granting or denying a motion for summary judgment or
summary adjudication, the court need rule only on those objections to
evidence that it deems material to its disposition of the motion.
Objections to evidence that are not ruled on for purposes of the
motion shall be preserved for appellate review.
(r) This section does not extend the period for trial provided by
Section 1170.5.
(s) Subdivisions (a) and (b) do not apply to actions brought
pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of
Part 3.
(t) Notwithstanding subdivision (f), a party may move for summary
adjudication of a legal issue or a claim for damages other than
punitive damages that does not completely dispose of a cause of
action, affirmative defense, or issue of duty pursuant to this
subdivision.
(1) (A) Before filing a motion pursuant to this subdivision, the
parties whose claims or defenses are put at issue by the motion shall
submit to the court both of the following:
(i) A joint stipulation stating the issue or issues to be
adjudicated.
(ii) A declaration from each stipulating party that the motion
will further the interest of judicial economy by decreasing trial
time or significantly increasing the likelihood of settlement.
(B) The joint stipulation shall be served on any party to the
civil action who is not also a party to the motion.
(2) Within 15 days of receipt of the stipulation and declarations,
unless the court has good cause for extending the time, the court
shall notify the stipulating parties as to whether the motion may be
filed. In making this determination, the court may consider
objections by a nonstipulating party made within 10 days of the
submission of the stipulation.
(3) If the court elects not to allow the filing of the motion, the
stipulating parties may request, and upon request the court shall
conduct, an informal conference with the stipulating parties to
permit further evaluation of the proposed stipulation; however, the
stipulating parties shall not file additional papers in support of
the motion.
(4) (A) A motion for summary adjudication made pursuant to this
subdivision shall contain a statement in the notice of motion that
reads substantially similar to the following: "This motion is made
pursuant to subdivision (t) of Section 437c of the Code of Civil
Procedure. The parties to this motion stipulate that the court shall
hear this motion and that the resolution of this motion will further
the interest of judicial economy by decreasing trial time or
significantly increasing the likelihood of settlement."
(B) The notice of motion shall be signed by counsel for all
parties, and by those parties in propria persona, to the motion.
(5) A motion filed pursuant to this subdivision may be made by
itself or as an alternative to a motion for summary judgment and
shall proceed in all procedural respects as a motion for summary
judgment.
(u) For purposes of this section, a change in law does not include
a later enacted statute without retroactive application.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 437c of the Code of Civil Procedure proposed by both this
bill and Assembly Bill 1141. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2016, (2) each bill amends Section 437c of the Code of Civil
Procedure, and (3) this bill is enacted after Assembly Bill 1141, in
which case Section 1 of this bill shall not become operative.
