Legal Motion for Summary Judgment

LEGAL MOTION FOR SUMMARY JUDGMENT

Court:    Case No.:    Presiding Judge:

Movant: represented by counsel: .

Respondent: represented by counsel: .

RECITALS

WHEREAS, Movant asserts that through undisputed evidentiary materials, there exists no genuine dispute as to any material fact and Movant is entitled to judgment as a matter of law with respect to the claims and defenses at issue;

WHEREAS, Movant has produced records, sworn declarations, deposition excerpts, and documentary exhibits that demonstrate the absence of a triable issue on essential elements of Respondent's claims and defenses, including but not limited to: ;

WHEREAS, Movant has met all procedural prerequisites to bring this Motion and has complied with applicable notice and service requirements as set forth below;

NOW THEREFORE, Movant hereby moves the Court for the relief described in this Motion and in support thereof states as follows.

1. INTRODUCTION

This Motion for Summary Judgment seeks a final adjudication in favor of Movant on the grounds that there are no genuine issues of material fact and Movant is entitled to judgment as a matter of law. The evidentiary record submitted in support of this Motion includes declarations, authenticated documents, deposition excerpts, and other admissible evidence referenced herein.

2. STATEMENT OF UNDISPUTED MATERIAL FACTS

3. LEGAL STANDARD

Summary judgment is appropriate when the moving party demonstrates that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. The court must draw all reasonable inferences in favor of the non-moving party, but where the non-moving party fails to present admissible evidence establishing the existence of a triable factual dispute, summary judgment is warranted.

4. ARGUMENT

A. Material Elements Not in Dispute. The material elements of Respondent's claim(s) that are not in dispute are set forth above. Movant's evidence conclusively establishes each essential element such that Respondent cannot prevail at trial.

B. Evidentiary Support. Movant supports this Motion with the following admissible evidence: sworn declarations from ; authenticated documents identified as Exhibits ; and deposition testimony excerpted at pages .

C. Legal Analysis. Application of the foregoing evidence to the governing law demonstrates that no reasonable trier of fact could find for Respondent on the disputed legal theory. Movant therefore requests entry of judgment on the grounds set forth in this Motion and supporting papers.

5. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court:

1. Grant summary judgment in favor of Movant on the claim(s) and/or defense(s) specified herein;
2. Enter judgment in favor of Movant and against Respondent on all adjudicated claims;
3. Award Movant costs of suit and reasonable attorney's fees to the extent permitted by law;
4. Provide such other and further relief as the Court deems just and proper.

6. CERTIFICATION OF SERVICE

I certify that on , a true and correct copy of this Motion was served on counsel for the Respondent as follows:

U.S. Mail Hand Delivery Electronic Service

7. DECLARATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury under the laws of the jurisdiction in which this Motion is filed that the foregoing is true and correct to the best of my knowledge, information, and belief.

8. GOVERNING LAW; MISCELLANEOUS PROVISIONS

Governing Law. This Motion and the resolution of the issues presented herein shall be governed by the substantive and procedural law of the jurisdiction in which the Court sits.

Entire Agreement. This Motion, together with the exhibits and declarations submitted in support, constitutes the complete statement of Movant's request for relief by summary judgment and supersedes any prior statements made to the Court on the same subject.

Severability. If any provision of this Motion is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. COUNTERPARTS AND AMENDMENTS

This Motion may be executed in counterparts. Any amendment to this Motion shall be in writing and signed by the party seeking the amendment.

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