Not every lawsuit deserves a trial. When the material facts are not genuinely disputed, California law lets a judge decide the case — or carve out pieces of it — on the papers. That procedure is summary judgment under Code of Civil Procedure § 437c, and in business litigation it is often the single most consequential motion in the case. Here is how it works, what changed with the 2025 amendments, and how both sides should think about it.
The standard: no triable issue of material fact
Summary judgment is granted when the papers show there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. A defendant moving for summary judgment must show that one or more elements of the plaintiff's claim cannot be established, or that a complete defense exists; the burden then shifts to the plaintiff to produce admissible evidence creating a genuine dispute. A plaintiff can move too, by proving every element of its claim. Critically, the judge does not weigh credibility or decide whose story is more likely — if the evidence would let a reasonable trier of fact go either way on a fact that matters, the motion fails and the case proceeds.
Short of full judgment, a party can seek summary adjudication of individual causes of action, affirmative defenses, punitive damages claims, or duty issues. In a multi-claim business case, knocking out the fraud count and the punitive damages prayer can transform settlement value even if contract claims survive for trial.
The deadlines: longer than any other motion
Section 437c runs on an unusually long clock, and the Legislature lengthened it further effective January 1, 2025 (AB 2049):
- Notice: the motion must be served at least 81 days before the hearing (up from the former 75), plus additional days depending on the manner of service.
- Opposition: due at least 20 days before the hearing (formerly 14).
- Reply: due at least 11 days before the hearing (formerly 5).
- Timing in the case: the motion generally cannot be heard later than 30 days before trial and can be brought only after 60 days have elapsed since the general appearance of each party against whom it is directed, absent court permission.
The 2025 amendments also codified another rule of consequence: a party may not file more than one motion for summary judgment against the same adverse party without leave of court. You generally get one shot — which raises the stakes on timing and record-building.
The separate statement: where motions die
Every motion and opposition must include a separate statement listing each material fact and the exact evidence supporting it. This document is not a formality; judges work from it, and courts may deny a motion for a defective separate statement alone. For the opposing party, the discipline runs the other way: each fact must be admitted or disputed with a citation to admissible evidence. Argument, speculation, and inadmissible hearsay do not create a triable issue, and courts may disregard a declaration that clearly and unequivocally contradicts the declarant's own deposition testimony. This is why deposition performance and clean discovery responses months earlier decide summary judgment outcomes.
Strategy: when to bring it, how to beat it
For the moving party, the calculus is more than the odds of outright victory. A strong motion forces the other side to show its evidence, locks witnesses into positions, educates the judge, and frequently precipitates settlement. But a weak motion spends credibility and six figures in fees to teach your opponent its own case. Timing matters too: move after the discovery you need is locked in, but early enough to fit the 81-day runway and the 30-day-before-trial ceiling — in practice, the motion must be planned months ahead.
For the opposing party, the playbook starts in discovery: build admissible evidence on every element, and if the motion arrives before you have had a fair chance to take needed discovery, § 437c(h) allows a continuance supported by a declaration showing what facts may exist and why more time is needed. Do not rely on the pleadings; oppositions are won with declarations, authenticated documents, and deposition excerpts. Positioning a case for this motion — or against it — from day one is central to how our business litigation practice builds a discovery plan, and it is a major reason early litigation strategy pays off long before trial.
Talk to a California business attorney
Whether you are weighing a summary judgment motion or bracing to oppose one, the record you build now determines the outcome later. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. Facts matter; consult a lawyer about your specific situation.
