a court order ruling that certain factual issues are already determined prior to
trial. This summary adjudication is based upon a motion by one of the parties contending
that these issues are settled and need not be tried. The motion is supported by
declarations under oath, excerpts from depositions which are under oath, admissions
of fact by the opposing party and other discovery, as well as a legal argument (points
and authorities). The other party may respond by counter-declarations and legal
arguments attempting to show that these issues were "triable issues of fact. " If
there is any question as to whether there is conflict on the facts on an issue,
the summary adjudication must be denied regarding that matter. The theory behind
this summary process is to reduce the number of factual questions which will require
evidence at trial and eliminate one or more causes of action in the complaint or
conversely find a judgment for plaintiff. The motion for summary adjudication of
issues often accompanies the broader motion for summary judgment, which can result
in judgment on the entire complaint or some causes of action before the trial starts.
The pleading procedures are extremely technical and complicated and are particularly
dangerous to the party against whom such a motion is made.
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