Code of Civil Procedure § 437c(b)(3) – Opposition to Summary Judgment
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Code of Civil Procedure § 437c(b)(3) – Opposition to Summary Judgment
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 – 366.3]
( Title 2 enacted 1872. )CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4]
( Chapter 3 enacted 1872. )California Law
437c(b)(3).
(3) The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion.
(Amended by Stats. 2024, Ch. 99, Sec. 1. (AB 2049) Effective January 1, 2025.)
California Law Summary
This subsection governs the format and content of the “separate statement” that must accompany a motion for summary judgment or summary adjudication. It requires that:
The motion must include a separate statement setting forth plainly and concisely all material facts the moving party contends are undisputed,
Each fact must be numbered and followed by a reference to the supporting evidence, such as declarations, depositions, admissions, or interrogatory answers.
Purpose
To facilitate judicial review by organizing the relevant facts and supporting evidence in a clear, itemized format. This enhances efficiency in evaluating whether a triable issue of material fact exists and ensures that the opposing party can directly respond to each asserted fact.
Application
This requirement applies to all motions for summary judgment or summary adjudication. The moving party must:
Prepare a numbered list of each material fact claimed to be undisputed,
Cite the specific evidence supporting each fact,
Ensure the format complies with California Rules of Court for clarity and sufficiency.
A motion without a proper separate statement may be summarily denied, regardless of its substantive merits.
