Q: Motion for summary judgement. Request for judicial notice process

A: In California, when submitting a request for judicial notice in conjunction with a motion for summary judgment, you generally follow these steps:

1. **Prepare the Request**: Your request for judicial notice should be a separate document from the motion for summary judgment. It must clearly identify each item for which notice is requested.

2. **Cite the Authority**: Under the California Evidence Code, particularly sections 452 and 453, specify the type of material you are asking the court to notice (e.g., facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy).

3. **Attach Supporting Documents**: Include copies of the documents or materials for which you are requesting judicial notice. These materials might include public records, government documents, or any other matter that can be accurately and readily verified.

4. **File and Serve**: File the request for judicial notice with the court and serve it on all parties involved in the litigation. This should be done at the same time you file and serve your motion for summary judgment.

5. **Include in Motion**: Reference the request for judicial notice in your motion for summary judgment, explaining how the items for which you seek notice support the arguments or facts presented in the motion.

6. **Court Consideration**: The judge will consider the request and determine whether to grant judicial notice of the items. If granted, the noticed facts are accepted as indisputably true for the purposes of the motion.

7. **Hearing**: Typically, the request for judicial notice will be addressed during the hearing on the motion for summary judgment.

This process is an integral part of ensuring that the materials you reference in your legal arguments are considered by the court without requiring further proof.

A: Additionally, be prepared to demonstrate how your evidence supports the position that these is no triable issue of material fact. Good luck

A: Under California law, the process and requirements for a Motion for Summary Judgment are primarily governed by Code of Civil Procedure Section 437c. This statute lays out the grounds, timelines, and necessary components for such a motion.

A typical packet for a Motion for Summary Judgment in California includes:

1. Notice of Motion and Motion for Summary Judgment or Summary Adjudication

2. Memorandum of Points and Authorities

3. Separate Statement of Undisputed Material Facts

4. Declaration(s) in Support of the Motion

5. Request for Judicial Notice (if applicable)

6. Proposed Order

7. Proof of Service

Some additional documents that may be included are:

8. Exhibits (e.g., deposition transcripts, discovery responses, contracts, etc.)

9. Objections to Evidence (if necessary)

10. Reply Memorandum (if the motion is opposed)

It's important to note that the specific requirements and deadlines for filing and serving these documents can vary depending on the court and the case. Always consult the California Code of Civil Procedure, the California Rules of Court, and the local rules of the specific court for the most up-to-date and accurate information.