Motions for Summary Judgment in California Business Cases (CCP 437c)

Last updated: November 2026

A motion for summary judgment asks the court to decide a California case without a trial because the evidence shows no triable issue of material fact. Under Code of Civil Procedure section 437c, the motion must be served at least 81 days before the hearing, with the opposition due 20 days and the reply 11 days before it. The hearing must occur at least 30 days before trial. Kolmogorov Law, P.C. brings and opposes these motions in business cases in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online to discuss whether your case can be decided on the papers.

What summary judgment decides

The court grants summary judgment if all the papers show there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The judge does not weigh credibility. The judge asks only whether a reasonable factfinder could find for the opposing party on the evidence submitted.

A case built on documents is a candidate. A case that turns on what two people said in a meeting usually is not.

A demurrer or motion for judgment on the pleadings tests the complaint earlier, on its face and without evidence.

Who bears the burden, and when it shifts

A defendant meets its initial burden by showing that one or more elements of a cause of action cannot be established, or that there is a complete defense. The burden then shifts to the plaintiff to show, with specific facts rather than the allegations in its pleading, that a triable issue exists. (Code Civ. Proc., § 437c, subd. (p)(2).) A plaintiff moving for summary judgment must first prove each element of its claim; only then does the burden shift to the defendant. (Code Civ. Proc., § 437c, subd. (p)(1).)

The Supreme Court describes this as a shifting burden of production, while the burden of persuasion stays with the moving party from start to finish. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant often wins by showing the plaintiff has no evidence on a key element. Our burden of proof guide explains how the standards fit together.

The deadlines under CCP 437c

The deadlines changed effective 2025. Notice of the motion and the supporting papers must be served at least 81 days before the hearing, with extra time added when service is by mail or overnight delivery. (Code Civ. Proc., § 437c, subd. (a)(2).) The motion must be heard no later than 30 days before trial unless the court orders otherwise for good cause. (Code Civ. Proc., § 437c, subd. (a)(3).)

The opposition is due not less than 20 days before the hearing. (Code Civ. Proc., § 437c, subd. (b)(2).) The reply is due not less than 11 days before. (Code Civ. Proc., § 437c, subd. (b)(4).)

Add the discovery you will need to support it and the motion is really a decision made six months before trial.

The separate statement

The motion must include a separate statement setting out plainly and concisely every material fact the moving party contends is undisputed, each followed by a reference to the supporting evidence; failing to comply can itself be grounds for denial. (Code Civ. Proc., § 437c, subd. (b)(1).) The opposition must respond to each fact, agree or disagree, add any other facts it contends are disputed, and cite evidence for each; failing to comply can be grounds for granting the motion. (Code Civ. Proc., § 437c, subd. (b)(3).)

A motion with 25 facts, each tied to a document, fares better than one with 200, half of them argumentative.

Summary adjudication: winning part of the case

A party may move for summary adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty. The motion is granted only if it completely disposes of that cause of action, defense, damages claim, or duty issue. (Code Civ. Proc., § 437c, subd. (f)(1).)

In business cases this is often the more useful tool. Knocking out a fraud claim and its punitive damages exposure changes settlement value even if the contract claim survives.

Opposing the motion

An opposition is built from evidence: declarations, deposition testimony, authenticated documents, and discovery responses. Our discovery toolkit and deposition preparation guide cover how that evidence is gathered.

Evidentiary objections matter, because the court considers only evidence it has not excluded on a sustained objection.

If facts essential to the opposition may exist but cannot yet be presented, the opposing party may say so by declaration, and the court must deny the motion, continue it to allow discovery, or make another just order. (Code Civ. Proc., § 437c, subd. (h).)

How we use the motion in business cases

A supplier sues on an unpaid invoice and the buyer's only defense is a vague claim of defective goods with no inspection report or rejection notice; the supplier moves and wins. A former employee's new company is sued for trade secret misappropriation and the plaintiff cannot identify, after a year of discovery, what the secret was; the defendant moves for summary adjudication of that claim.

Hearings take place in the department assigned to the case, for Orange County usually at the Central Justice Center in Santa Ana and for Los Angeles at the Stanley Mosk Courthouse. Our step-by-step guide shows where the motion sits in the larger timeline.

What to bring to the first meeting

Bring the complaint and any cross-complaint, the trial date if one is set, and every discovery response exchanged so far. Bring the key documents: the contract, the invoices, the emails that prove or disprove the central fact. If you have received a motion, bring the entire packet and note the hearing date.

Frequently asked questions

What is a motion for summary judgment?

A motion for summary judgment asks the court to enter judgment without a trial. The moving party must show that the evidence, viewed in the light most favorable to the other side, leaves no triable issue of material fact and that it is entitled to judgment as a matter of law. In California the motion is governed by Code of Civil Procedure section 437c.

When can you file a motion for summary judgment in California?

Once 60 days have passed since the opposing party's general appearance, unless the court permits an earlier motion for good cause, and once there is evidence to support it. (Code Civ. Proc., § 437c, subd. (a)(1).) The practical limits are the deadlines: the motion must be served at least 81 days before the hearing, and the hearing must be held at least 30 days before trial. Because the motion depends on discovery, most are filed after the key depositions.

What is the deadline to oppose a summary judgment motion?

The opposition must be served and filed not less than 20 days before the hearing, and the moving party's reply is due not less than 11 days before the hearing. The court may change these dates for good cause. The opposition must include its own separate statement responding to each fact the moving party claims is undisputed.

What happens if summary judgment is granted?

The court enters judgment and the case ends at the trial level, subject to appeal. If only summary adjudication is granted, the remaining claims proceed to trial. A denial means the case continues, but the ruling often identifies which facts the court sees as genuinely disputed, and that usually reshapes settlement discussions.

What is the difference between summary judgment and summary adjudication?

Summary judgment disposes of the entire case. Summary adjudication disposes of a single cause of action, affirmative defense, claim for damages, or issue of duty, and it is granted only if it completely resolves that piece. The procedure and deadlines are the same, and the two are often combined in one motion.

Talk to a California civil litigation attorney

If you are considering a motion for summary judgment or have been served with one, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California.

This page provides general information about California law and is not legal advice. Outcomes depend on the evidence, the facts, and the court.