By Tort Law Team 
Summary judgment can end a case before trial, saving clients time and money. Yet California’s rules under Code of Civil Procedure section 437c remain among the strictest in the country. Miss a deadline by a day, botch the separate statement, or mishandle the burden, and the court may refuse to hear your motion or grant the other side’s request.
This guide walks California litigation attorneys, paralegals, legal assistants, law students, and pro se litigants through the current requirements of CCP 437c. You will learn the statutory notice periods, how the burden shifts, how to draft a compliant separate statement of undisputed material facts, common pitfalls, and practical strategies that work in state court.
What CCP 437c Actually Does
CCP 437c lets a party ask the court to decide a case, or discrete parts of it, without a full trial. The court grants the motion only when the papers show there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.
A material fact is one that could affect the outcome. A triable issue exists when the evidence would allow a reasonable fact-finder to decide the fact either way. The court looks at the evidence in the light most favorable to the non-moving party and draws all reasonable inferences in that party’s favor.
The statute covers both full summary judgment (ending the entire action against a party) and summary adjudication (resolving individual causes of action, affirmative defenses, claims for damages, or issues of duty). Summary adjudication is available only when it completely disposes of the identified issue.
Key Deadlines After the 2025 Amendments
Effective January 1, 2025, AB 2049 extended the principal deadlines by six calendar days. These are the current rules under CCP 437c:
- Notice of motion and all supporting papers must be served at least 81 days before the hearing.
- Opposition papers are due at least 20 days before the hearing.
- Reply papers are due at least 11 days before the hearing.
- The motion must be heard no later than 30 days before trial, unless the court finds good cause to hear it later.
Service method adds extra time to the 81-day notice period:
- Mail within California: add 5 calendar days (86 total).
- Mail outside California but within the United States: add 10 calendar days.
- Mail outside the United States: add 20 calendar days.
- Facsimile, express mail, or overnight delivery: add 2 court days.
General extensions under CCP sections 1005 and 1013 do not apply to the moving papers (with a limited exception for the method of serving opposition and reply). Courts treat these deadlines as mandatory. Insufficient notice usually requires denial of the motion.
You may file a motion any time after 60 days have passed since the general appearance of the party against whom the motion is directed, or earlier with court permission for good cause. A party may bring only one motion for summary judgment against an adverse party unless the court grants leave for an additional motion upon a showing of good cause. This one-motion limit does not apply to motions for summary adjudication.
The Burden-Shifting Framework
Understanding who carries the burden at each stage is essential.
A defendant moving for summary judgment must show either that one or more elements of the plaintiff’s cause of action cannot be established, or that an affirmative defense bars the claim. A plaintiff moving for summary judgment must show that there is no defense to the action.
Once the moving party meets its initial burden with admissible evidence, the burden shifts to the opposing party to produce evidence showing a triable issue of material fact. The opposing party cannot rest on the allegations in the pleadings. It must point to specific evidence that raises a genuine dispute.
The court considers only admissible evidence. Inadmissible evidence, even if submitted, does not create a triable issue.
The Separate Statement: Your Most Important Document
California requires a separate statement of undisputed material facts. There is no federal equivalent, and courts treat the requirement seriously.
Moving Party’s Separate Statement
Under CCP 437c(b)(1) and California Rules of Court, rule 3.1350, the moving papers must include a separate statement that:
- Lists each material fact the moving party contends is undisputed.
- Numbers the facts sequentially.
- Follows each fact with a citation to the supporting evidence (exhibit, title, page, and line numbers).
- Uses the two-column format specified in rule 3.1350(h).
If summary adjudication is sought, the notice of motion and the separate statement must identify the specific cause of action, affirmative defense, claim for damages, or issue of duty, and the separate statement must repeat that identification verbatim.
Failure to include a compliant separate statement may, in the court’s discretion, result in denial of the motion.
Opposing Party’s Separate Statement
The opposition must include its own separate statement that:
- Responds to each of the moving party’s numbered facts.
- States whether each fact is “undisputed” or “disputed.”
- For disputed facts, describes the nature of the dispute and cites the supporting evidence.
- Sets forth any additional material facts the opposing party contends are disputed, again with citations.
Failure to file a compliant opposing separate statement may, in the court’s discretion, result in granting the motion.
Courts dislike “undisputed but immaterial” responses or blanket disputes without evidence. Respond fact-by-fact and keep the statement focused on material facts only.
Required Moving Papers and Evidence
Under rule 3.1350(c), the motion must contain:
- Notice of motion.
- Separate statement of undisputed material facts.
- Memorandum of points and authorities.
- Evidence in support (declarations, deposition excerpts, interrogatory answers, admissions, documents, requests for judicial notice).
- Request for judicial notice (if appropriate).
Declarations must be made on personal knowledge, set forth admissible evidence, and show that the declarant is competent to testify. Objections based on these requirements are waived if not raised at the hearing.
Evidence exceeding 25 pages must be separately bound with a table of contents.
Opposing the Motion
File and serve the opposition at least 20 days before the hearing. The opposition typically includes:
- Memorandum of points and authorities.
- Separate statement responding to the moving party’s facts and adding any additional disputed facts.
- Supporting evidence.
- Written evidentiary objections (filed separately under rule 3.1354 and served at the same time).
If essential facts exist but cannot yet be presented, the opposing party may seek a continuance under CCP 437c(h). The request can be made by ex parte application on or before the opposition due date. The court may deny the motion, continue it for discovery, or issue another appropriate order.
The Reply and Limits on New Evidence
The moving party’s reply is due at least 11 days before the hearing. Under the 2025 amendments, the reply “shall not include any new evidentiary matter, additional material facts, or separate statement submitted with the reply and not presented in the moving papers or opposing papers.”
This change eliminated prior uncertainty about new evidence on reply. Stick to responding to the opposition’s arguments and evidence already in the record.
Evidentiary Objections
Both sides may object to the other’s evidence. Written objections must be filed separately and served with the opposition or reply. Objections not made at the hearing are waived. Courts rule only on objections that are material to the disposition of the motion.
Summary Adjudication Specifics
Summary adjudication is narrower. It is granted only if it completely disposes of a cause of action, affirmative defense, claim for damages (including punitive damages under Civil Code section 3294), or issue of duty. You cannot use it to resolve isolated elements that do not dispose of the entire claim or defense.
The procedural rules are otherwise the same as for summary judgment. You may bring a motion for summary adjudication alone or in the alternative to a motion for summary judgment.
Common Pitfalls and How to Avoid Them
- Missing the 81-day notice period or failing to account for service method. Calculate carefully and calendar backward from the hearing date.
- Submitting a separate statement that lumps multiple facts together or omits precise citations. Number each fact and cite page and line.
- Relying on the pleadings instead of evidence once the burden shifts.
- Introducing new evidence in the reply.
- Failing to request a continuance in time when discovery is needed.
- Overlooking local rules on hearing reservation, page limits, or electronic filing.
Practical tip: Draft the separate statement first. It forces you to identify the precise facts that matter and the evidence that supports them. Then write the memorandum around those facts.
After the Ruling: Appeals and Writs
A summary judgment is an appealable final judgment. An order granting or denying summary adjudication, or denying summary judgment, is generally reviewed by petition for writ of mandate. The petition must be filed within 20 days after service of written notice of entry of the order (plus additional time depending on service method). The superior court may extend the time for one additional period of up to 10 days for good cause.
On appeal or writ review, the appellate court independently reviews the grant of summary judgment. Before affirming on a ground not relied upon by the trial court, the reviewing court must give the parties an opportunity to submit supplemental briefs.
Practical Drafting Strategies
Start with the elements of the claim or defense. Map each element to specific undisputed facts and the exact evidence that proves them. Keep the separate statement lean. Material facts only. Use clear, plain language in the memorandum. Quote key deposition testimony or contract language rather than paraphrasing. Anticipate the opposition’s strongest points and address them directly.
For opposing counsel, focus on creating genuine factual disputes with admissible evidence. Point to inconsistencies in the moving party’s own evidence. Highlight missing elements. If discovery is incomplete, move promptly for a continuance and explain why the facts cannot yet be presented.
Conclusion
Mastering CCP 437c requires strict attention to the 81-day notice rule, the 20-day opposition deadline, the 11-day reply deadline, and the mandatory separate statement. The statute rewards precision and punishes carelessness. When the moving party meets its burden and the opposing party fails to raise a triable issue of material fact, the court will grant the motion.
Use this framework to prepare stronger motions, craft more effective oppositions, and avoid the procedural traps that sink otherwise meritorious requests. For complex cases, consult experienced California litigation counsel to evaluate strategy and ensure compliance with current requirements.
Frequently Asked Questions
What is the current notice period under CCP 437c?
Notice of the motion and supporting papers must be served at least 81 days before the hearing, plus additional time depending on the method of service.
When is the opposition due?
Opposition papers must be served and filed at least 20 days before the hearing, unless the court orders otherwise for good cause.
What happens if I fail to file a separate statement?
For the moving party, the court may deny the motion. For the opposing party, the court may grant the motion. Compliance is not optional.
Can I file more than one motion for summary judgment?
No, unless the court grants leave upon a showing of good cause. The one-motion limit does not apply to summary adjudication.
May new evidence be included in the reply?
No. The reply may not include new evidentiary matter, additional material facts, or a new separate statement not previously presented.
How do I challenge an order granting or denying summary adjudication?
File a petition for writ of mandate within 20 days after service of written notice of entry of the order (plus service extensions).
Does the 30-day-before-trial rule still apply?
Yes. The motion must be heard no later than 30 days before trial unless the court finds good cause to hear it later.
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