Amended in Assembly July 9, 2015

Amended in Assembly May 28, 2015

Amended in Senate April 22, 2015

Senate BillNo. 470


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, as amended, 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 triablebegin insert issueend insert 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.

begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 437c of the Code of Civil Procedure is
2amended to read:

3

437c.  

(a) A party may move for summary judgment in any
4action or proceeding if it is contended that the action has no merit
5or that there is no defense to the action or proceeding. The motion
6may be made at any time after 60 days have elapsed since the
7general appearance in the action or proceeding of each party against
8whom the motion is directed or at any earlier time after the general
9appearance that the court, with or without notice and upon good
10cause shown, may direct. Notice of the motion and supporting
11papers shall be served on all other parties to the action at least 75
12days before the time appointed for hearing. However, if the notice
13is served by mail, the required 75-day period of notice shall be
14increased by 5 days if the place of address is within the State of
15California, 10 days if the place of address is outside the State of
16California but within the United States, and 20 days if the place
17of address is outside the United States, and if the notice is served
18by facsimile transmission, Express Mail, or another method of
19delivery providing for overnight delivery, the required 75-day
20period of notice shall be increased by two court days. The motion
21shall be heard no later than 30 days before the date of trial, unless
22the court for good cause orders otherwise. The filing of the motion
23shall not extend the time within which a party must otherwise file
24a responsive pleading.

P3    1(b) (1) The motion shall be supported by affidavits, declarations,
2admissions, answers to interrogatories, depositions, and matters
3of which judicial notice shall or may be taken. The supporting
4papers shall include a separate statement setting forth plainly and
5concisely all material facts that the moving party contends are
6undisputed. Each of the material facts stated shall be followed by
7a reference to the supporting evidence. The failure to comply with
8this requirement of a separate statement may in the court’s
9discretion constitute a sufficient ground for denial of the motion.

10(2) An opposition to the motion shall be served and filed not
11less than 14 days preceding the noticed or continued date of
12hearing, unless the court for good cause orders otherwise. The
13opposition, where appropriate, shall consist of affidavits,
14declarations, admissions, answers to interrogatories, depositions,
15and matters of which judicial notice shall or may be taken.

16(3) The opposition papers shall include a separate statement
17that responds to each of the material facts contended by the moving
18party to be undisputed, indicating whether the opposing party
19agrees or disagrees that those facts are undisputed. The statement
20also shall set forth plainly and concisely any other material facts
21that the opposing party contends are disputed. Each material fact
22contended by the opposing party to be disputed shall be followed
23by a reference to the supporting evidence. Failure to comply with
24this requirement of a separate statement may constitute a sufficient
25ground, in the court’s discretion, for granting the motion.

26(4) A reply to the opposition shall be served and filed by the
27moving party not less than five days preceding the noticed or
28continued date of hearing, unless the court for good cause orders
29otherwise.

30(5) Evidentiary objections not made at the hearing shall be
31deemed waived.

32(6) Except for subdivision (c) of Section 1005 relating to the
33method of service of opposition and reply papers, Sections 1005
34and 1013, extending the time within which a right may be exercised
35or an act may be done, do not apply to this section.

36(7) An incorporation by reference of a matter in the court’s file
37shall set forth with specificity the exact matter to which reference
38is being made and shall not incorporate the entire file.

39(c) The motion for summary judgment shall be granted if all
40the papers submitted show that there is no triable issue as to any
P4    1material fact and that the moving party is entitled to a judgment
2as a matter of law. In determining whether the papers show that
3there is no triable issue as to any material fact the court shall
4consider all of the evidence set forth in the papers, except that to
5which objections have been made and sustained by the court, and
6all inferences reasonably deducible from the evidence, except
7summary judgment may not be granted by the court based on
8inferences reasonably deducible from the evidence if contradicted
9by other inferences or evidence that raise a triable issue as to any
10material fact.

11(d) Supporting and opposing affidavits or declarations shall be
12made by a person on personal knowledge, shall set forth admissible
13evidence, and shall show affirmatively that the affiant is competent
14to testify to the matters stated in the affidavits or declarations. An
15objection based on the failure to comply with the requirements of
16this subdivisionbegin insert,end insert if not made at the hearingbegin insert,end insert shall be deemed
17waived.

18(e) If a party is otherwise entitled to a summary judgment
19pursuant to this section, summary judgment may not be denied on
20grounds of credibility or for want of cross-examination of witnesses
21furnishing affidavits or declarations in support of the summary
22judgment, except that summary judgment may be denied in the
23discretion of thebegin delete court,end deletebegin insert courtend insert if the only proof of a material fact
24offered in support of the summary judgment is an affidavit or
25declaration made by an individual who was the sole witness to that
26fact; or if a material fact is an individual’s state of mind, or lack
27thereof, and that fact is sought to be established solely by the
28individual’s affirmation thereof.

29(f) (1) A party may move for summary adjudication as to one
30or more causes of action within an action, one or more affirmative
31defenses, one or more claims for damages, or one or more issues
32of duty, if that party contends that the cause of action has no merit
33or that there is no affirmative defense thereto, or that there is no
34merit to an affirmative defense as to any cause of action, or both,
35or that there is no merit to a claim for damages, as specified in
36Section 3294 of the Civil Code, or that one or more defendants
37either owed or did not owe a duty to the plaintiff or plaintiffs. A
38motion for summary adjudication shall be granted only if it
39completely disposes of a cause of action, an affirmative defense,
40a claim for damages, or an issue of duty.

P5    1(2) A motion for summary adjudication may be made by itself
2or as an alternative to a motion for summary judgment and shall
3proceed in all procedural respects as a motion for summary
4judgment. However, a party may not move for summary judgment
5based on issues asserted in a prior motion for summary adjudication
6and denied by the court unless that party establishes, to the
7satisfaction of the court, newly discovered facts or circumstances
8or a change of law supporting the issues reasserted in the summary
9judgment motion.

10(g) Upon the denial of a motion for summary judgment on the
11ground that there is a triable issue as to one or more material facts,
12the court shall, by written or oral order, specify one or more
13material facts raised by the motion as to which the court has
14determined there exists a triable controversy. This determination
15shall specifically refer to the evidence proffered in support of and
16in opposition to the motion that indicates that a triable controversy
17exists. Upon the grant of a motion for summary judgment on the
18ground that there is no triable issue of material fact, the court shall,
19by written or oral order, specify the reasons for its determination.
20The order shall specifically refer to the evidence proffered in
21support of and, if applicable, in opposition to the motion which
22indicates that no triable issue exists. The court shall also state its
23reasons for any other determination. The court shall record its
24determination by court reporter or written order.

25(h) If it appears from the affidavits submitted in opposition to
26a motion for summary judgment or summary adjudication or both
27that facts essential to justify opposition may exist but cannot, for
28reasons stated, then be presented, the court shall deny thebegin delete motion
29orend delete
begin insert motion,end insert order a continuance to permit affidavits to be obtained
30or discovery to be had, orbegin delete mayend delete make any other order as may be
31just. The application to continue the motion to obtain necessary
32discovery may also be made by ex parte motion at any time on or
33before the date the opposition response to the motion is due.

34(i) If, after granting a continuance to allow specified additional
35discovery, the court determines that the party seeking summary
36judgment has unreasonably failed to allow the discovery to be
37conducted, the court shall grant a continuance to permit the
38discovery to go forward or deny the motion for summary judgment
39or summary adjudication. This section does not affect or limit the
P6    1ability of a party to compel discovery under the Civil Discovery
2Act (Title 4 (commencing with Section 2016.010) of Part 4).

3(j) If the court determines at any time that an affidavit was
4presented in bad faith or solely for the purpose of delay, the court
5shall order the party who presented the affidavit to pay the other
6party the amount of the reasonable expensesbegin delete whichend deletebegin insert thatend insert the filing
7of the affidavit caused the other party to incur. Sanctions shall not
8be imposed pursuant to this subdivision except on notice contained
9in a party’s papers or on the court’s own noticed motion, and after
10an opportunity to be heard.

11(k) Unless a separate judgment may properly be awarded in the
12action, a final judgment shall not be entered on a motion for
13summary judgment before the termination of the action, but the
14final judgment shall, in addition to any matters determined in the
15action, award judgment as established by the summary proceeding
16herein provided for.

17(l) Inbegin delete actionsend deletebegin insert an actionend insert arising out of an injury to the person or
18to property, if a motion for summary judgmentbegin delete wasend deletebegin insert isend insert granted on
19the basis that the defendant was without fault, no other defendant
20during trial, over plaintiff’s objection, may attempt to attribute
21fault to or comment on the absence or involvement of the defendant
22who was granted the motion.

23(m) (1) A summary judgment entered under this section is an
24appealable judgment as in other cases. Upon entry of an order
25pursuant to this section, except the entry of summary judgment, a
26party may, within 20 days after service upon him or her of a written
27notice of entry of the order, petition an appropriate reviewing court
28for a peremptory writ. If the notice is served by mail, the initial
29period within which to file the petition shall be increased by five
30days if the place of address is within the State of California, 10
31days if the place of address is outside the State of California but
32within the United States, and 20 days if the place of address is
33outside the United States. If the notice is served by facsimile
34transmission, Express Mail, or another method of delivery
35providing for overnight delivery, the initial period within which
36to file the petition shall be increased by two court days. The
37superior court may, for good cause, and prior to the expiration of
38the initial period, extend the time for one additional period not to
39exceed 10 days.

P7    1(2) Before a reviewing court affirms an order granting summary
2judgment or summary adjudication on a ground not relied upon
3by the trial court, the reviewing court shall afford the parties an
4opportunity to present their views on the issue by submitting
5supplemental briefs. The supplemental briefing may include an
6argument that additional evidence relating to that ground exists,
7but that the party has not had an adequate opportunity to present
8the evidence or to conduct discovery on the issue. The court may
9reverse or remand based upon the supplemental briefing to allow
10the parties to present additional evidence or to conduct discovery
11on the issue. If the court fails to allow supplemental briefing, a
12rehearing shall be ordered upon timely petition of a party.

13(n) (1) If a motion for summary adjudication is granted, at the
14trial of the action, the cause or causes of action within the action,
15affirmative defense or defenses, claim for damages, or issue or
16issues of duty as to the motion which has been granted shall be
17deemed to be established and the action shall proceed as to the
18cause or causes of action, affirmative defense or defenses, claim
19for damages, or issue or issues of duty remaining.

20(2) In the trial of the action, the fact that a motion for summary
21adjudication is granted as to one or more causes of action,
22affirmative defenses, claims for damages, or issues of duty within
23the action shall not operate to bar any cause of action, affirmative
24defense, claim for damages, or issue of duty as to which summary
25adjudication was either not sought or denied.

26(3) In the trial of an action, neither a party, a witness, nor the
27court shall comment to a jury upon the grant or denial of a motion
28for summary adjudication.

29(o) A cause of action has no merit if either of the following
30exists:

31(1) One or more of the elements of the cause of action cannot
32be separately established, even if that element is separately pleaded.

33(2) A defendant establishes an affirmative defense to that cause
34of action.

35(p) For purposes of motions for summary judgment and
36summary adjudication:

37(1) A plaintiff or cross-complainant has met his or her burden
38of showing that there is no defense to a cause of action if that party
39has proved each element of the cause of action entitling the party
40to judgment on that cause of action. Once the plaintiff or
P8    1cross-complainant has met that burden, the burden shifts to the
2defendant or cross-defendant to show that a triable issue of one or
3more material facts exists as to that cause of action or a defense
4thereto. The defendant or cross-defendant shall not rely upon the
5mere allegations or denials of its pleadings to show that a triable
6issue of material fact exists but, instead, shall set forth the specific
7facts showing that a triable issue of material fact exists as to that
8cause of action or a defense thereto.

9(2) A defendant or cross-defendant has met his or her burden
10of showing that a cause of action has no merit if that party has
11shown that one or more elements of the cause of action, even if
12not separately pleaded, cannot be established, or that there is a
13complete defense to that cause of action. Once the defendant or
14cross-defendant has met that burden, the burden shifts to the
15plaintiff or cross-complainant to show that a triable issue of one
16or more material facts exists as to that cause of action or a defense
17thereto. The plaintiff or cross-complainant shall not rely upon the
18mere allegations or denials of its pleadings to show that a triable
19issue of material fact exists but, instead, shall set forth the specific
20facts showing that a triable issue of material fact exists as to that
21cause of action or a defense thereto.

22(q) In granting or denying a motion for summary judgment or
23summary adjudication, the court need rule only on those objections
24to evidence that it deems material to its disposition of the motion.
25Objections to evidence that are not ruled on for purposes of the
26motion shall be preserved for appellate review.

27(r) This section does not extend the period for trial provided by
28Section 1170.5.

29(s) Subdivisions (a) and (b) do not apply to actions brought
30pursuant to Chapter 4 (commencing with Section 1159) of Title 3
31of Part 3.

32(t) For purposes of this section, a change in law does not include
33a later enacted statute without retroactive application.

34begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 437c of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
35amended to read:end insert

36

437c.  

begin insert

(a) (1) A party may move for summary judgment in any
37action or proceeding if it is contended that the action has no merit
38or that there is no defense to the action or proceeding. The motion
39may be made at any time after 60 days have elapsed since the
40general appearance in the action or proceeding of each party
P9    1against whom the motion is directed or at any earlier time after
2the general appearance that the court, with or without notice and
3upon good cause shown, may direct.

end insert
begin delete

4(a) Any party may move for summary judgment in any action
5or proceeding if it is contended that the action has no merit or that
6there is no defense to the action or proceeding. The motion may
7be made at any time after 60 days have elapsed since the general
8appearance in the action or proceeding of each party against whom
9the motion is directed or at any earlier time after the general
10appearance that the court, with or without notice and upon good
11cause shown, may direct. Notice

end delete

12begin insert(2)end insertbegin insertend insertbegin insertNoticeend insert of the motion and supporting papers shall be served
13on all other parties to the action at least 75 days before the time
14appointed for hearing. However, if the notice is served by mail,
15the required 75-day period of notice shall be increased bybegin delete fiveend deletebegin insert 5end insert
16 days if the place of address is within the State of California, 10
17days if the place of address is outside the State of California but
18within the United States, and 20 days if the place of address is
19outside the United States, and if the notice is served by facsimile
20transmission,begin delete Express Mail,end deletebegin insert express mail,end insert or another method of
21delivery providing for overnight delivery, the required 75-day
22period of notice shall be increased by two court days.begin delete The motion
23shall be heard no later than 30 days before the date of trial, unless
24the court for good cause orders otherwise. The filing of the motion
25shall not extend the time within which a party must otherwise file
26a responsive pleading.end delete

begin insert

27(3) The motion shall be heard no later than 30 days before the
28date of trial, unless the court for good cause orders otherwise.
29The filing of the motion shall not extend the time within which a
30party must otherwise file a responsive pleading.

end insert

31(b) (1) The motion shall be supported by affidavits, declarations,
32admissions, answers to interrogatories, depositions, and matters
33of which judicial notice shall or may be taken. The supporting
34papers shall include a separate statement setting forth plainly and
35concisely all material factsbegin delete whichend deletebegin insert thatend insert the moving party contends
36are undisputed. Each of the material facts stated shall be followed
37by a reference to the supporting evidence. The failure to comply
38with this requirement of a separate statement may in the court’s
39discretion constitute a sufficient ground for denial of the motion.

P10   1(2) begin deleteAny end deletebegin insertAn end insertopposition to the motion shall be served and filed
2not less than 14 days preceding the noticed or continued date of
3hearing, unless the court for good cause orders otherwise. The
4opposition, where appropriate, shall consist of affidavits,
5declarations, admissions, answers to interrogatories, depositions,
6and matters of which judicial notice shall or may be taken.

7(3) The opposition papers shall include a separate statement
8that responds to each of the material facts contended by the moving
9party to be undisputed, indicating whether the opposing party
10agrees or disagrees that those facts are undisputed. The statement
11also shall set forth plainly and concisely any other material facts
12that the opposing party contends are disputed. Each material fact
13contended by the opposing party to be disputed shall be followed
14by a reference to the supporting evidence. Failure to comply with
15this requirement of a separate statement may constitute a sufficient
16ground, in the court’s discretion, for granting the motion.

17(4) begin deleteAny end deletebegin insertA end insertreply to the opposition shall be served and filed by
18the moving party not less than five days preceding the noticed or
19continued date of hearing, unless the court for good cause orders
20otherwise.

21(5) Evidentiary objections not made at the hearing shall be
22deemed waived.

23(6) Except for subdivision (c) of Section 1005 relating to the
24method of service of opposition and reply papers, Sections 1005
25and 1013, extending the time within which a right may be exercised
26or an act may be done, do not apply to this section.

27(7) begin deleteAny end deletebegin insertA end insertincorporation by reference ofbegin insert aend insert matter in the court’s
28file shall set forth with specificity the exact matter to which
29reference is being made and shall not incorporate the entire file.

30(c) The motion for summary judgment shall be granted if all
31the papers submitted show that there is no triable issue as to any
32material fact and that the moving party is entitled to a judgment
33as a matter of law. In determining whether the papers show that
34there is no triable issue as to any material fact the court shall
35consider all of the evidence set forth in the papers, except that to
36which objections have been made and sustained by the court, and
37all inferences reasonably deducible from the evidence, except
38summary judgment may not be granted by the court based on
39inferences reasonably deducible from thebegin delete evidence,end deletebegin insert evidenceend insert if
P11   1contradicted by other inferences orbegin delete evidence, whichend deletebegin insert evidence thatend insert
2 raise a triable issue as to any material fact.

3(d) Supporting and opposing affidavits or declarations shall be
4made bybegin delete anyend deletebegin insert aend insert person on personal knowledge, shall set forth
5admissible evidence, and shall show affirmatively that the affiant
6is competent to testify to the matters stated in the affidavits or
7declarations.begin delete Any objectionsend deletebegin insert An objectionend insert based on the failure to
8comply with the requirements of thisbegin delete subdivision shall beend delete
9begin insert subdivision, if notend insert made at thebegin delete hearing orend deletebegin insert hearing,end insert shall be deemed
10waived.

11(e) If a party is otherwise entitled to a summary judgment
12pursuant to this section, summary judgment may not be denied on
13grounds of credibility or for want of cross-examination of witnesses
14furnishing affidavits or declarations in support of the summary
15judgment, except that summary judgment may be denied in the
16discretion of thebegin delete court, whereend deletebegin insert court ifend insert the only proof of a material
17fact offered in support of the summary judgment is an affidavit or
18declaration made by an individual who was the sole witness to that
19fact; orbegin delete whereend deletebegin insert ifend insert a material fact is an individual’s state of mind, or
20lack thereof, and that fact is sought to be established solely by the
21individual’s affirmation thereof.

22(f) (1) A party may move for summary adjudication as to one
23or more causes of action within an action, one or more affirmative
24defenses, one or more claims for damages, or one or more issues
25of duty, if that party contends that the cause of action has no merit
26or that there is no affirmative defense thereto, or that there is no
27merit to an affirmative defense as to any cause of action, or both,
28or that there is no merit to a claim for damages, as specified in
29Section 3294 of the Civil Code, or that one or more defendants
30either owed or did not owe a duty to the plaintiff or plaintiffs. A
31motion for summary adjudication shall be granted only if it
32completely disposes of a cause of action, an affirmative defense,
33a claim for damages, or an issue of duty.

34(2) A motion for summary adjudication may be made by itself
35or as an alternative to a motion for summary judgment and shall
36proceed in all procedural respects as a motion for summary
37judgment. However, a party may not move for summary judgment
38based on issues asserted in a prior motion for summary adjudication
39and denied by thebegin delete court,end deletebegin insert courtend insert unless that party establishesbegin insert,end insert to the
40satisfaction of the court, newly discovered facts or circumstances
P12   1or a change of law supporting the issues reasserted in the summary
2judgment motion.

3(g) Upon the denial of a motion for summarybegin delete judgment,end delete
4begin insert judgmentend insert on the ground that there is a triable issue as to one or
5more material facts, the court shall, by written or oral order, specify
6one or more material facts raised by the motion as to which the
7court has determined there exists a triable controversy. This
8determination shall specifically refer to the evidence proffered in
9support of and in opposition to the motionbegin delete whichend deletebegin insert thatend insert indicates
10that a triable controversy exists. Upon the grant of a motion for
11summarybegin delete judgment,end deletebegin insert judgmentend insert on the ground that there is no triable
12issue of material fact, the court shall, by written or oral order,
13specify the reasons for its determination. The order shall
14specifically refer to the evidence proffered in supportbegin delete of, andend deletebegin insert of
15and,end insert
if applicablebegin insert,end insert in oppositionbegin delete to,end deletebegin insert toend insert the motion which indicates
16that no triable issue exists. The court shall also state its reasons
17for any other determination. The court shall record its determination
18by court reporter or written order.

19(h) If it appears from the affidavits submitted in opposition to
20a motion for summary judgment or summary adjudication or both
21that facts essential to justify opposition may exist but cannot, for
22reasons stated, then be presented, the court shall deny the motion,
23begin delete orend delete order a continuance to permit affidavits to be obtained or
24discovery to be hadbegin insert,end insert orbegin delete mayend delete make any other order as may be just.
25The application to continue the motion to obtain necessary
26discovery may also be made by ex parte motion at any time on or
27before the date the opposition response to the motion is due.

28(i) If, after granting a continuance to allow specified additional
29discovery, the court determines that the party seeking summary
30judgment has unreasonably failed to allow the discovery to be
31conducted, the court shall grant a continuance to permit the
32discovery to go forward or deny the motion for summary judgment
33or summary adjudication. This section does not affect or limit the
34ability ofbegin delete anyend deletebegin insert aend insert party to compel discovery under the Civil
35Discovery Act (Title 4 (commencing with Section 2016.010) of
36Part 4).

37(j) If the court determines at any time thatbegin delete any of the affidavits
38areend delete
begin insert an affidavit wasend insert presented in bad faith or solely forbegin delete purposesend delete
39begin insert the purposeend insert of delay, the court shall order the partybegin delete presentingend deletebegin insert who
40presentedend insert
thebegin delete affidavitsend deletebegin insert affidavitend insert to pay the other party the amount
P13   1of the reasonable expensesbegin delete whichend deletebegin insert thatend insert the filing of thebegin delete affidavitsend delete
2begin insert affidavitend insert caused the other party to incur. Sanctionsbegin delete mayend deletebegin insert shallend insert not
3be imposed pursuant to thisbegin delete subdivision,end deletebegin insert subdivisionend insert except on
4notice contained in a party’sbegin delete papers,end deletebegin insert papersend insert or on the court’s own
5noticed motion, and after an opportunity to be heard.

6(k) begin deleteExcept when end deletebegin insertUnless end inserta separate judgment may properly be
7awarded in the action,begin delete noend deletebegin insert aend insert final judgmentbegin delete mayend deletebegin insert shall notend insert be entered
8on a motion for summary judgmentbegin delete prior toend deletebegin insert beforeend insert the termination
9of the action, but the final judgment shall, in addition to any matters
10determined in the action, award judgment as established by the
11summary proceeding herein provided for.

12(l) Inbegin delete actions which ariseend deletebegin insert an action arisingend insert out of an injury to
13the person or to property, if a motion for summary judgmentbegin delete wasend delete
14begin insert isend insert granted on the basis that the defendant was without fault, no
15other defendant during trial, over plaintiff’s objection, may attempt
16to attribute fault to or comment on the absence or involvement of
17the defendant who was granted the motion.

18(m) (1) A summary judgment entered under this section is an
19appealable judgment as in other cases. Upon entry ofbegin delete anyend deletebegin insert anend insert order
20pursuant to this section, except the entry of summary judgment, a
21party may, within 20 days after service upon him or her of a written
22notice of entry of the order, petition an appropriate reviewing court
23for a peremptory writ. If the notice is served by mail, the initial
24period within which to file the petition shall be increased by five
25days if the place of address is within the State of California, 10
26days if the place of address is outside the State of California but
27within the United States, and 20 days if the place of address is
28outside the United States. If the notice is served by facsimile
29transmission,begin delete Express Mail,end deletebegin insert express mailend insert or another method of
30delivery providing for overnight delivery, the initial period within
31which to file the petition shall be increased by two court days. The
32superior court may, for good cause, and prior to the expiration of
33the initial period, extend the time for one additional period not to
34exceed 10 days.

35(2) Before a reviewing court affirms an order granting summary
36judgment or summary adjudication on a ground not relied upon
37by the trial court, the reviewing court shall afford the parties an
38opportunity to present their views on the issue by submitting
39supplemental briefs. The supplemental briefing may include an
40argument that additional evidence relating to that ground exists,
P14   1but that the party has not had an adequate opportunity to present
2the evidence or to conduct discovery on the issue. The court may
3reverse or remand based upon the supplemental briefing to allow
4the parties to present additional evidence or to conduct discovery
5on the issue. If the court fails to allow supplemental briefing, a
6rehearing shall be ordered upon timely petition ofbegin delete anyend deletebegin insert aend insert party.

7(n) (1) If a motion for summary adjudication is granted, at the
8trial of the action, the cause or causes of action within the action,
9affirmative defense or defenses, claim for damages, or issue or
10issues of duty as to the motion which has been granted shall be
11deemed to be established and the action shall proceed as to the
12cause or causes of action, affirmative defense or defenses, claim
13for damages, or issue or issues of duty remaining.

14(2) In the trial of the action, the fact that a motion for summary
15adjudication is granted as to one or more causes of action,
16affirmative defenses, claims for damages, or issues of duty within
17the action shall not operate to bar any cause of action, affirmative
18defense, claim for damages, or issue of duty as to which summary
19adjudication was either not sought or denied.

20(3) In the trial of an action, neither a party,begin delete norend delete a witness, nor
21the court shall commentbegin insert to a juryend insert upon the grant or denial of a
22motion for summary adjudicationbegin delete to a juryend delete.

23(o) A cause of action has no merit if either of the following
24exists:

25(1) One or more of the elements of the cause of action cannot
26be separately established, even if that element is separately pleaded.

27(2) A defendant establishes an affirmative defense to that cause
28of action.

29(p) For purposes of motions for summary judgment and
30summary adjudication:

31(1) A plaintiff or cross-complainant has met his or her burden
32of showing that there is no defense to a cause of action if that party
33has proved each element of the cause of action entitling the party
34to judgment on that cause of action. Once the plaintiff or
35cross-complainant has met that burden, the burden shifts to the
36defendant or cross-defendant to show that a triable issue of one or
37more material facts exists as to that cause of action or a defense
38thereto. The defendant or cross-defendantbegin delete mayend deletebegin insert shallend insert not rely upon
39the mere allegations or denials of its pleadings to show that a triable
40issue of material fact exists but, instead, shall set forth the specific
P15   1facts showing that a triable issue of material fact exists as to that
2cause of action or a defense thereto.

3(2) A defendant or cross-defendant has met his or her burden
4of showing that a cause of action has no merit if that party has
5shown that one or more elements of the cause of action, even if
6not separately pleaded, cannot be established, or that there is a
7complete defense to that cause of action. Once the defendant or
8cross-defendant has met that burden, the burden shifts to the
9plaintiff or cross-complainant to show that a triable issue of one
10or more material facts exists as to that cause of action or a defense
11thereto. The plaintiff or cross-complainantbegin delete mayend deletebegin insert shallend insert not rely upon
12the mere allegations or denials of its pleadings to show that a triable
13issue of material fact exists but, instead, shall set forth the specific
14facts showing that a triable issue of material fact exists as to that
15cause of action or a defense thereto.

begin insert

16(q) In granting or denying a motion for summary judgment or
17summary adjudication, the court need rule only on those objections
18to evidence that it deems material to its disposition of the motion.
19Objections to evidence that are not ruled on for purposes of the
20motion shall be preserved for appellate review.

end insert
begin delete

21(q)

end delete

22begin insert(r)end insert This section does not extend the period for trial provided by
23Section 1170.5.

begin delete

24(r)

end delete

25begin insert(s)end insert Subdivisions (a) and (b) do not apply to actions brought
26pursuant to Chapter 4 (commencing with Section 1159) of Title 3
27of Part 3.

begin insert

28(t) Notwithstanding subdivision (f), a party may move for
29summary adjudication of a legal issue or a claim for damages
30other than punitive damages that does not completely dispose of
31a cause of action, affirmative defense, or issue of duty pursuant
32to this subdivision.

end insert
begin insert

33(1) (A) Before filing a motion pursuant to this subdivision, the
34parties whose claims or defenses are put at issue by the motion
35shall submit to the court both of the following:

end insert
begin insert

36(i) A joint stipulation stating the issue or issues to be
37adjudicated.

end insert
begin insert

38(ii) A declaration from each stipulating party that the motion
39will further the interest of judicial economy by decreasing trial
40time or significantly increasing the likelihood of settlement.

end insert
begin insert

P16   1(B) The joint stipulation shall be served on any party to the civil
2action who is not also a party to the motion.

end insert
begin insert

3(2) Within 15 days of receipt of the stipulation and declarations,
4unless the court has good cause for extending the time, the court
5shall notify the stipulating parties as to whether the motion may
6be filed. In making this determination, the court may consider
7objections by a nonstipulating party made within 10 days of the
8submission of the stipulation.

end insert
begin insert

9(3) If the court elects not to allow the filing of the motion, the
10stipulating parties may request, and upon request the court shall
11conduct, an informal conference with the stipulating parties to
12permit further evaluation of the proposed stipulation; however,
13the stipulating parties shall not file additional papers in support
14of the motion.

end insert
begin insert

15(4) (A) A motion for summary adjudication made pursuant to
16this subdivision shall contain a statement in the notice of motion
17that reads substantially similar to the following: “This motion is
18made pursuant to subdivision (t) of Section 437c of the Code of
19Civil Procedure. The parties to this motion stipulate that the court
20shall hear this motion and that the resolution of this motion will
21further the interest of judicial economy by decreasing trial time
22or significantly increasing the likelihood of settlement.”

end insert
begin insert

23(B) The notice of motion shall be signed by counsel for all
24parties, and by those parties in propia persona, to the motion.

end insert
begin insert

25(5) A motion filed pursuant to this subdivision may be made by
26itself or as an alternative to a motion for summary judgment and
27shall proceed in all procedural respects as a motion for summary
28judgment.

end insert
begin delete

29(s)

end delete

30begin insert(u)end insert Forbegin delete theend delete purposes of this section, a change in law does not
31include a later enacted statute without retroactive application.

begin delete

32(t) This section shall become operative on January 1, 2015.

end delete
33begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
34Section 437c of the Code of Civil Procedure proposed by both this
35bill and Assembly Bill 1141. It shall only become operative if (1)
36both bills are enacted and become effective on or before January
371, 2016, (2) each bill amends Section 437c of the Code of Civil
P17   1Procedure, and (3) this bill is enacted after Assembly Bill 1141,
2in which case Section 1 of this bill shall not become operative.

end insert


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