Calif. Employment Cases Actually Favor Summary Judgement
Law360 (June 25, 2020, 4:59 PM EDT) — Summary judgment is a procedural mechanism courts use to cut through the parties’ pleadings to determine whether a trial is necessary to resolve their dispute.
Under Section 437c, Subdivision (c) of the California Code of Civil Procedure, a summary judgment motion “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
California courts’ attitudes toward summary judgment motions have shifted over recent years. Summary judgment was once considered a disfavored remedy in California.
California’s approach contrasted…