Summary Judgment Motion
(Separate Statement of Undisputed Material Facts) (CA)

This template illustrates the format and structure of a separate statement of undisputed material fact supporting a motion for summary judgment or summary adjudication in a civil action in California superior court. This template includes an alternate clause, practical guidance, and drafting notes. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). A party moving for summary judgment or summary adjudication must support its motion with a separate statement of undisputed material facts. Cal. Code Civ. Proc. § 437c(b)(1); Cal. Rules of Ct., Rule 3.1350(d). Absence of a separate statement may and likely will result in the court's denial of the motion. Cal. Code Civ. Proc. § 437c(b)(1). Moreover, the court will not consider facts omitted from the separate statement. E.g., Mills v. Forestex Co., 108 Cal. App. 4th 625, 641 (2003). The statement must separately identify each: • Cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion • Supporting material fact claimed to be without dispute that could make a difference in the disposition of the motion • Evidentiary citation establishing the truth of the supporting material facts Cal. Rules of Ct., Rule 3.1350(a)(2), 3.1350(d)(1)–(2). Whether a fact is material is determined by the pleadings. Failure to address each of the material facts at issue in the pleadings will result in a determination that the moving party has not met its prima facie burden on summary judgment. Severin Mobile Towing, Inc. v. JPMorgan Chase Bank, N.A., 65 Cal. App. 5th 292, 302, 305 (2021); Teselle v. McLoughlin, 173 Cal. App. 4th 156, 160 (2009). For details on determining which facts are material and undisputed, see Summary Judgment Fundamentals (CA). As noted above, you must serve and file the statement with the motion for summary judgment or summary adjudication, but it is a separate document from the motion and other accompanying papers. For discussion of filing and service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). For more information on moving for summary judgment, see Summary Judgment: Making the Motion (CA). For details on filing noticed motions generally, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). For related templates, see Summary Judgment Motion (CA), Notice of Motion and Motion (CA), and Memorandum of Points and Authorities (CA).