Q: Separate Statement for Motion for Summary Judgement CRC 3.1350.

A: No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.

The process typically works as follows:

1. The moving party prepares and files their Motion for Summary Judgment, which includes the Separate Statement with only the first column completed (Moving Party's Undisputed Material Facts and Supporting Evidence).

2. The moving party serves the Motion, including the Separate Statement, on the opposing party.

3. The opposing party then has an opportunity to respond to the Motion. In their response, they will complete the second column of the Separate Statement (Opposing Party's Response and Supporting Evidence), indicating whether they dispute each fact and providing any supporting evidence for their position.

4. The opposing party files and serves their opposition, including their completed version of the Separate Statement.

5. The moving party then has an opportunity to reply to the opposition.

This process is governed by Code of Civil Procedure Section 437c and California Rules of Court, Rule 3.1350. Specifically:

- CCP 437c(a) states that the motion shall be served at least 75 days before the hearing if the moving party also serves a copy of the summary judgment motion on the other party with a request for a response.

- CRC 3.1350(f) states that the opposing party has 10 days after receipt of the demand to serve the response.

So, in summary, the moving party files their motion and separate statement first, and the opposing party responds by filling out the second column of the separate statement later in the process. The specific deadlines for this process are laid out in the statutes and rules mentioned above.