Q: Synchronization of cause of action and evidences for MSJ

A: Under California law, a motion for summary judgment (MSJ) can be filed at different stages of the litigation process, depending on the circumstances and the purpose of the motion. Here are some key points to consider:

1. Before completion of discovery:

- Generally, a party may move for summary judgment after the defendant has answered the complaint or appeared in the action.

- However, the court may continue the hearing on the motion to allow for the completion of discovery if it appears that facts essential to justify opposition may exist but cannot be presented at the time.

2. Before hearing on demurrer on complaint:

- A party may file an MSJ before a hearing on a demurrer to the complaint.

- If a demurrer is sustained with leave to amend, the amended complaint may affect the grounds for the MSJ, so it may be more appropriate to file the MSJ after the amended complaint is filed.

3. In parallel with amending the complaint:

- A party may file an MSJ while simultaneously amending the complaint.

- However, if the amended complaint introduces new facts or causes of action that are material to the MSJ, the court may grant leave to the moving party to amend the MSJ or deny the motion without prejudice to allow for the filing of a new MSJ addressing the amended complaint.

It's important to note that the specific timing and strategy for filing an MSJ should be determined on a case-by-case basis, considering factors such as the strength of the evidence, the status of discovery, and the overall litigation strategy. Consulting with an experienced California civil litigation attorney can help ensure the most appropriate approach is taken.