What is a motion for summary judgment in civil litigation?

A motion for summary judgment in civil litigation is a legal action taken by either plaintiff or the defendant in a lawsuit in California. It is a request to the court to make a judgment about the case without going to trial. In effect, the motion for summary judgment is asking the court to decide the case based on the facts that have been presented without any additional evidence from either party. In California, a motion for summary judgment is most often used when both sides agree that the facts of the case are not in dispute and that one or both parties agree that the law applies in a certain way and supports one side or the other. For example, if a landlord is suing a tenant for overdue rent, the tenant may agree that the rental payments are overdue, but the tenant may disagree about the amount that is owed. In this case, the landlord could submit a motion for summary judgment, asking the court to decide the amount of rent due. The court will consider the facts as presented and will order either a dismissal of the case, or a judgment in favor of either the plaintiff or the defendant. If the court grants the motion for summary judgment, the case is settled and a trial is not necessary. If the court denies the motion, then the case will proceed to trial. It is important to note that motions for summary judgment are not always successful and should be used only in clear-cut cases.

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