1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) OPPOSITION TO MOTION FOR SUMMARY
) JUDGMENT; MEMORANDUM OF POINTS AND
13 vs. ) AUTHORITIES; SEPARATE STATEMENT IN
) SUPPORT OF OPPOSITION TO MOTION FOR
14 Any Defendant, and DOES 1-5 ) SUMMARY JUDGMENT; DECLARATION OF
) __________; EXHIBITS
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
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)
18 )

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21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail

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address. Be sure to remove this notice and all other notices before
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24 using this document.

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26 _________________________ (_____), herein submits its Opposition to the Motion for

27 Summary Judgment filed by ________________ (________).

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 1 The Opposition shall be based on this Opposition, the attached Memorandum of Points and
2 Authorities, the Declaration of ________________________and Exhibits attached thereto, and the
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Separate Statement of Undisputed Material Facts, concurrently filed and served, on the complete files
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and records of this action, and on such other oral and/or documentary evidence as may be presented
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at the hearing on the Motion.

7 Dated________________ ___________________________________________________
ANY ATTORNEY OR PARTY
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case arises out of ________________________________________________.
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Put down a brief description of the case, such as breach of contract action, with cross-

7 complaint, etc.

8 Plaintiffs complaint alleges that________________________________________. Defendant

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denies all of the allegations of Plaintiffs complaint.
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Plaintiffs filed their Motion for Summary Judgment contending that Defendants have no
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defense to the complaint and that they are entitled to judgment as a matter of law.
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13 Defendant opposes Plaintiffs on the grounds that there are triable issues of material fact in that

14 ______________________________________.
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Thus there are triable issues of material fact as to LIST HERE THE TRIABLE ISSUES OF
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MATERIAL FACT THAT EXIST SUCH AS WHO BREACHED A CONTRACT, WHO WAS
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NEGLIGENT, ETC.
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19 Defendant contends that the Court should deny Plaintiffs Motion and allow all of the claims in

20 this case to be heard on their merits, as the law favors.

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Be sure to modify these paragraphs to suit your individual
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23 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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26 ///
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 1 II.
2 LEGAL ARGUMENT
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A. THE COURT SHOULD DENY THE MOTION AS SUMMARY JUDGMENT
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CAN ONLY BE GRANTED WHEN NO TRIABLE ISSUE EXISTS AS TO ANY
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MATERIAL FACT

7 Case law is clear that Summary Judgment can only be granted when no triable issues of

8 material fact exist.

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motion-for-summary-judgment-in-california
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