Winning a Summary Judgment Motion in CaliforniaWhy an Unopposed Motion Can Still Lose

A summary judgment motion is one of the most powerful tools in California civil litigation. Used correctly, it ends a case, or a claim within a case, before trial. Used carelessly, it fails even when the other side says nothing at all. A recent ruling from the Los Angeles Superior Court shows how a plaintiff lost an unopposed motion. The lesson is worth understanding before you file.

What Is Summary Judgment in California? (Code Civ. Proc. § 437c)

Summary judgment lets a court decide a case without a trial when there is nothing for a jury to decide. It is proper "if all the papers submitted show that the material facts are undisputed and that the moving party is entitled to judgment as a matter of law." (Code Civ. Proc., § 437c, subd. (c).)

If some claims survive but others do not, a party can ask for summary adjudication of specific causes of action, affirmative defenses, damages claims, or issues of duty. (Code Civ. Proc., § 437c, subd. (f)(1).) A motion for summary adjudication is granted only if it completely disposes of the targeted claim or issue.

How Summary Judgment Motions Work in California Courts

The moving party carries the first burden. That party must show, through undisputed facts supported by admissible evidence, that it is entitled to judgment. Only if that initial burden is met does the burden shift to the other side to show a triable issue of material fact. (Code Civ. Proc., § 437c, subd. (p)(1).)

California courts apply a three-step analysis (Torres v. Reardon (1992) 3 Cal.App.4th 831, 836):

1. Identify the issues framed by the pleadings.
2. Determine whether the moving party established facts that resolve the opponent's claim.
3. If that threshold burden is met, determine whether the opposing party controverted those facts with admissible evidence.

Procedure matters as much as substance. The motion must be served on the other parties within statutory deadlines. It must include a separate statement of undisputed material facts, with each fact tied to specific evidence. That separate statement is where many motions succeed or fail.

Case Study: Why an Unopposed Summary Judgment Motion Was Denied

In the Los Angeles case, the plaintiff sued over a dispute about payment for her interest in a film. She brought claims for interference with contractual relations, conversion, and inducement of breach of contract. She moved for summary judgment on every claim. The defendants filed no opposition.

The court still denied the motion. The reason: the plaintiff never met her own initial burden, so the burden never shifted to the defendants. A silent opponent does not win a motion that was defective from the start.

The court identified specific gaps in the moving party's burden of proof:

• No proof of resulting damage. Intentional interference with contract requires proof of resulting damage. (Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126.) The plaintiff's papers established a contract and an alleged failure to pay, but never established that any proceeds were actually received or how much was withheld.
• No amount of damages. A plaintiff seeking summary judgment must establish both the existence and the amount of damages through undisputed admissible evidence. (Pajaro Valley Water Management Agency v. McGrath (2005) 128 Cal.App.4th 1093, 1106.) No revenue figure, distribution amount, or calculation appeared in the record.
• No identifiable fund for the conversion claim. Conversion requires proof of damage resulting from a wrongful exercise of control over property. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1240.) When money is the subject of a conversion claim, the funds must be a specific, identifiable sum, not a general contractual debt. The plaintiff pointed to no segregated fund or identifiable payment, only an unpaid obligation.
• A separate statement that recited facts instead of elements. It repeated the same background facts for every claim rather than proving each element of each cause of action separately. A court cannot grant summary judgment on generalized assertions that skip required elements.

Can You Win an Unopposed Summary Judgment Motion?

An unopposed motion is not an automatic win. The moving party must prove every element of every claim with admissible evidence, including the existence and amount of damages, before the other side has to respond to anything. A separate statement that recites background facts instead of proving elements will fail. Careful preparation, not the opponent's silence, decides these motions.

If you are considering a summary judgment motion or facing one, the details of the record and the separate statement are where the case is won or lost.

This article is for general informational purposes and is not legal advice. If you are preparing or opposing a summary judgment motion in California, Sari Law Firm advises businesses and individuals across California on civil litigation strategy.

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