For anyone who has been a party to litigation, there are few feelings better than having a judge decide your case in your favor without need for a trial. All of the anxiety and risk that builds up as you prepare for trial rapidly dissipates as the realization that you’ve won sets in. While trial lawyers often enjoy the challenges of a trial, we understand that achieving an early victory for our clients is the best possible result. One of the ways a party can achieve this early win is through a “motion for summary judgment.”
What is Summary Judgment?
Summary judgment is a way to conclude a case without a trial because there are no genuine disputes as to the material facts at issue in the case and, based on those “undisputed facts,” one side wins as a matter of law. Summary judgment motions are usually filed after discovery (depositions, document demands, etc.) has been completed. After completing discovery, one or both parties will move for summary judgment, arguing they are entitled to prevail as a matter of law because the undisputed facts prove their case. Summary judgment is not about weighing the evidence to see who has the better case; it is about whether there is even a dispute as to the critical facts. If there are no such disputes, a judge can decide the case without a trial.
The Standard
To win, the moving party has to show that the “material facts,” meaning the ones that could affect the outcome of the case, are not subject to reasonable dispute. In a traffic accident, a material fact might be whether the light was red when the defendant drove through the intersection. “Reasonable dispute” means there must be some evidence to support either side’s claim about the material fact. If there’s no credible evidence that the other side can present to challenge that interpretation, then the fact is not subject to reasonable dispute. In the traffic accident dispute, if the only evidence that came out during discovery showed the light was green, there would not be a reasonable dispute about the light’s color when the defendant drove through the intersection. Similarly, in a contract matter, if the evidence developed during the discovery phase of the case showed that the other party waived enforcement of a particular clause and there is no testimony or evidence to contradict that evidence, the party filing for summary judgment can demonstrate that the waiver is not subject to reasonable dispute.
The Importance of Moving for Summary Judgment
Not every case is susceptible to a strong motion for summary judgment (particularly in California state court, where the availability of summary judgment is more limited than in federal court). It’s important to understand that summary judgment is a high bar, and judges are often reluctant to deprive a party of their “day in court” if any genuine factual dispute exists. But an effective summary judgment motion can result in dramatically reduced litigation costs by avoiding trial, expert witness fees, and ongoing discovery costs. Summary judgment can also save time, returning a business and its leadership’s focus to their core tasks. Finally, prevailing on summary judgment eliminates the risk inherent in any trial that a jury verdict will be less favorable.
Additionally, winning at summary judgment can help protect you or your business’s reputation and privacy. Unlike a settlement, summary judgment is a complete legal victory, vindicating you in the dispute. It also typically avoids the unwanted publicity of a trial and prevents the stress and distraction that trial presents to parties and witnesses.
Even when a summary judgment motion is not successful or when it only partially succeeds, it can narrow the issues that need to be resolved at trial and can demonstrate the relative strengths of each party’s case. This can aide in settling a case on favorable terms. When your opponent files for summary judgment, it can also give you a preview of the arguments and evidence they intend to rely on at trial.
Unique Aspects of Summary Judgment in California
In federal court and in most states, a party can move for partial summary judgment that seeks resolution of something less than the entire case. In addition to seeking to dispose of certain causes of action or defenses, a partial summary judgment motion may seek to eliminate a particular theory of recovery or establish a particular fact as undisputed.
In California state court, however, partial summary judgment is only available if it will completely eliminate an entire cause of action or defense. Nothing less is allowed because California law assumes that merely eliminating particular theories or resolving certain factual disputes will not sufficiently streamline trial enough to make summary judgment of these types of claims efficient. Because it is most often defendants who seek summary judgment, not plaintiffs, this rule is seen as being particularly plaintiff friendly.
Preparing for Summary Judgment
A summary judgment motion is only as good as the evidence it relies on. A summary judgment motion that relies on weak, speculative, or easily contradicted evidence will fail. A summary judgment motion that requires the court to make inferences or to accept subjective interpretations is equally doomed. Judges will not hunt for the facts to support your summary judgment motion and case law requires them to interpret any ambiguity in the light most favorable to the party not moving for summary judgment.
All of this means that summary judgment should never be assumed to be a sure bet. To have a strong case for summary judgment, you need to be able to present a clear and compelling set of facts that demonstrate there is no reasonable interpretation of the evidence under which your opponent could win. That requires a smart, strategic approach to discovery. Every step taken in discovery should be done with an understanding of how it will establish the critical facts that can both support a powerful summary judgment motion and, if necessary, your presentation to the jury at trial. And if an opponent moves for summary judgment against you or your business, skillfully opposing such a motion based on a thorough command of the facts and the ability to marshal them in a clear and compelling way is equally critical to preserve your rights and ensure your case proceeds to trial.
Having the Right Team Behind You
Navigating summary judgment requires deep legal expertise, strategic thinking, and meticulous attention to detail – skills the best trial advocates possess. Keller Anderle Scolnick’s successful track record includes bringing summary judgment motions across a broad range of cases in jurisdictions across the country, and prevailing against summary judgment motions against our clients’ claims. Our team not only knows what makes for an effective summary judgment motion, we know when to file them, how to frame them, and how to counter them. We combine outstanding drafting with compelling oral advocacy to make the best possible case for our clients at every stage of litigation, including summary judgment.
Bring us your toughest case. We’ll get the job done.