Should You Always Move for Summary Judgment and Summary Adjudication in the Alternative?

Motions for summary judgment and summary adjudication are frequently made in the alternative. Do you know why this is and when not to move alternatively? Here are a couple of reasons to make motions for summary judgment and summary adjudication in the alternative: Making motions in the alternative gives the court more latitude. The court can determine whether there are triable issues of fact as to specific claims or defenses, even if it denies summary judgment as to the entire action. See CCP §437c(f)(2). ). See, e.g., Food Pro Int’l, Inc. v Farmers Ins. Exch. (2008) 169 CA4th 976, 995 (trial court denied defendant’s motion for summary judgment but granted summary adjudication of plaintiff’s punitive damages claim). If made in the alternative, a summary adjudication motion may refer to and depend on the same evidence submitted in support of the summary judgment motion. Cal Rules of Ct 3.1350(b). Making motions in the alternative can make a difference on…

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