What is the difference between a motion to dismiss and a motion for summary judgment?

A motion to dismiss and a motion for summary judgment are two different types of motions in civil procedure in California. A motion to dismiss is a first step in the civil trial process that occurs before discovery. It is a request to the court to terminate the case without any further proceedings because of a lack of sufficient legal grounds. If a court grants a motion to dismiss, the case is essentially over. A motion for summary judgment is a motion made by either the plaintiff or the defendant, asking the court to decide and rule on the case without a trial. Generally, the parties are represented and have exchanged information, and the judge will determine if a case should be decided by summary judgment. It is used to determine if either party is entitled to a judgment as a matter of law and can only be granted if there is no material dispute of fact. In summary, a motion to dismiss is a request for the court to terminate the case before discovery, whereas a motion for summary judgment is used to decide the case without a trial after discovery has taken place.

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What is the difference between a motion to dismiss and a motion for summary judgment?

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