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If you are opposing a motion for summary judgment, your affidavit or affirmation should attach and refer to any relevant exhibits. You may also attach affidavits or affirmations from other people who have personal knowledge of relevant information regarding the motion.
There are three critical aspects of your opposition to a summary judgment you should pay particular attention to in order to ensure that you have the best chance of getting the motion denied: (1) Your separate statement; (2) your evidence; and (3) objecting to the defenses evidence.
While your particular odds will depend on the particular facts, you can expect the California Court of Appeal to reverse, on average, about 29% of the summary judgments that are appealed.
New Rules (Effective January 1, 2025) and codified in CCP 473c(a): Motion for summary judgment or summary adjudication: 81 days before the hearing. Opposition to the motion: 20 days before the hearing.
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