Section 438 of California Code of Civil Procedure sets forth the grounds and .procedures for a motion for judgment on the pleadings. HOW TO WRITE A DECLARATION - WashingtonLawHelp.org 1 TO THE COURT AND TO ALL PARTIES AND THEIR COUNSEL … Sample Motion for Judgment on the Pleadings for Defendant ... 34 . Presentation of extrinsic evidence is therefore not proper on a motion for judgment on the pleadings.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, … If the judge grants your motion, the case starts back up again. 38 . request that this Court issue a judgment and order: a) Granting plaintiffs’ motion for judgment on the pleadings. 221 Sample Opposition to Motion for Judgment on the Pleadings You have 10 days to file an appeal after the judge makes a decision. Default Judgment A . A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. This motion alleges that, if all facts in the pleadings are true, the case must be resolved in favor of a party as a matter of law. Documents Published. Discovery ; Motions must follow a very specific format. Rule 1.140(h)(2) 37 . Order for Judgment on Pleadings. O a CD cn o o o o a o to 00 o tri o CD O o o CD o o a CD CD I am A quick list of possible grounds for attacking pleading in federal courts in the United States. (Rylaarsdam & Edmon, California Practice Guide – Civil Procedure Before Trial (Rutter 2014) (“Civil Procedure”) § 10:26.) 1980); Elvig, 375 F.3d at 954. “All doubts as to whether there are any triable issues of fact are to be resolved in favor of Box 878; Ben Franklin Station; Washington, D. Plaintiffs filed their own Cross-Motion for Summary Judgment in response. central district of california . Granting this motion may terminate the case or be granted in part, such as with respect to a single issue. Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ( Heading of Chapter 5 amended by Stats. Granting this motion may terminate the case or be granted in part, such as with respect to a single issue. (c) Motion for Judgment on the Pleadings. Check the websites of other states’ courts for v ariations • Special Titles. ... •Good source for sample P&A’s for summary judgment: California Points & Authorities, ch. 48 As the campaign against Craigslist continued to gain momentum, a research study commissioned by the Women’s Funding Network, conducted by the Schapiro Group, reported numbers related to the trafficking of minors via online classified ads. Compliance with the provisions of rule 2. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” Aguilar, supra, 25 Cal.4th at p. 850. Notice of Motion for Discharge … Many states provide forms, check with your local state and … (3) “ Defendant ” includes a cross-defendant. Topics Covered Basics of: •Motions for Summary Judgment •Motions for Judgment on the Pleadings •Motions for Summary Adjudication These motions are complicated and this class cannot cover everything. SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CENTRAL DISTRICT JOHN SMITH, Plaintiff vs. ... concurrently herewith, the proposed order lodged herewith, and all pleadings and papers on file in the above-captioned action. This site is like the Google for academics, science, and research. CH18. CHAPTER 5. You can avoid the time and expense of a trial by filing and winning a motion for summary judgment. However, you can't file a motion for summary judgment in every case . You can only file if there are no meaningful factual disputes and if the law is clear that you should win. Jan. 08, 2018. NOTICE OF NON-OPPOSITION TO VALLCO’S MOTION FOR JUDGMENT ON THE PLEADINGS Wendel, Rosen, Black & Dean LLP th 1111 Broadway, 24 Floor Oakland, California 94607-4036 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ALAMEDA At the time of service, I was over 18 years of age and not a party to this action. Motions for Nonsuit and for Judgment Motions for Directed Verdict/JNOV Motions for Mistrial Motions to Amend Pleadings to Conform to Proof 3 Motions for Nonsuit: General CCP Section 581c Often called a “Demurrer to the evidence” Purposes: Eliminate unmeritorious cases/remedy correctable defects b) Declaring Mass. superior court of california county of los angeles -vii- chapter three civil division rules 43 3.1 applicability.....43 Description: This sample motion for judgment on the pleadings for California is for use by a plaintiff who contends that the answer filed by a defendant fails to state enough facts to constitute a defense to the complaint. RULE 47. … Untimely motions to dismiss are sometimes treated as a motion for judgment on the pleadings. Law. A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order. California Law & Motion Model Forms. Sample meet and confer declaration for motion for judgment on the pleadings in California. When a law judge grants a motion to dismiss, a motion for judgment on the pleadings or a motion for summary judgment, and terminates the proceeding without a hearing, an appeal of such order to the Board may be filed pursuant to the provisions of § 821.47. Prior to filing and serving a motion for judgment on the pleadings, there is a duty on behalf of the moving party to meet and confer at least five (5) days before the date a motion for judgment on the pleadings is filed, unless the motion for judgment on the pleadings falls within one of the several exceptions in C.C.P. Rule 3.1350. This sample meet and confer declaration for a motion for judgment on the pleadings in California is filed pursuant to the new meet and confer requirement found in Code of Civil Procedure section 439 (a). Download. Embed size(px) Link. The formulation of the summary judgment standard is stated in somewhat different … united states district court . 17-004 §17.4. as a motion to dismiss, a motion for a more definite statement or a motion to strike (FRCP 12(b), (e) and (f)). on the pleadings. [17] Share Motion for Judgment on the Pleadings Sample. No. Coyne v. Krempels, 36 Cal. 2 Further, the FEC’s challenge based on Heckler v. 18-001 §18.1. Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal. Format: Pleadings (legal forms) that you file with the court must follow the court rules about size and margins (GR 14(a)). Statutory authority for a motion for judgment on the pleadings in California is found in California Code of Civil Procedure section 438 which states in pertinent part that, "A party may move for judgment on the pleadings on the following grounds, … A motion for judgment on the pleadings can only be filed once the pleadings have “closed” – in other words, once the defendant has filed an answer. You may write on only one side of the paper. It does not. A motion for summary judgment must be heard at least 30 days before the date set for trial, unless the court for good cause orders otherwise. motion for judgment on the pleadingsa. Discovery . In determining whether to enter judgment on the pleadings, the trial court is limited only to the pleadings. central district of california . This sample California motion for judgment on the pleadings for a defendant in California is used when a defendant contends that the complaint does not state a cause of action against them. States Attomey for the Eastem District of Pennsylvania William M. McSwain (collectively, "the United States") move for judgment on the pleadings pursuant to Federal Rule of Civil Procedure l2(c). A request for a change is made by filing a "motion to modify" the divorce decree or judgment. The clerk's transcript reveals that prior to moving for judgment on the pleadings, plaintiffs, by way of demurrer, attacked the sufficiency of defendant's answer on the same ground as that urged by them in their subsequent motion for judgment on the pleadings. Submitting Evidence in Support of a Motion for Summary Judgment (Federal) Posted on 11-02-2018 . Ex Parte Application Superior Court of California Los Angeles Timing Notice. "Because a motion for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply. When the magistrate has made the required A motion is a request for a judge to do something. Motion For Judgment On The Pleadings California. ... presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing.....32. f.r.civ.p. 2021 California Rules of Court. If you are familiar with the meet-and-confer rules for demurrers, then you will know the rules for motions to strike and for judgment on the pleadings. The FEC may renew this motion only if the Court denies the pending motion to dismiss and the FEC files a responsive pleading. Under Rule 34 of the 1997 Rules of Civil Procedure, trial may likewise be dispensed with and a case decided through judgment on the pleadings if the answer filed fails to tender an issue or otherwise admits the material allegations of the claimant’s pleading. Motion. Search for: Download A Sample Guide. Civil Procedure Before Trial §36.227KFC1020.C34. Based on the minute orders, Defendant appeared in A motion for summary judgment must be heard at least 30 days before the date set for trial, unless the court for good cause orders otherwise. 1,278 views. Since there are no pre-printed Judicial Council forms for most civil motions, you must draft them yourself. ORCP 47 – SUMMARY JUDGMENT. A summary judgment is usually distinguished from a judgment on the pleadings. united states district court . Clarke v. Metropolitan District Com'n, 11 Mass. When you appeal the judge's denial of the motion to vacate: File an appeal with the small claims court clerk. The statutory authorization for a motion for summary judgment in California is found in Code of Civil Procedure section 437c(a)(1) which states in pertinent part that, “Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit … A motion for summary judgment in California is the topic of this article. motion to strike. 4 Categories. Rule 3.1350. So, if a creditor gets a court order or files an affidavit or other document, it can renew the judgment for another cycle. Dimitri DeChurch-Silva is a summer clerk in the Charleston, West Virginia, office of Spilman Thomas & Battle, PLLC. Founded in 1914, Jenner & Block is a law firm of international reach with more than 500 lawyers. MOTION for Summary Judgment RE FIRST COUNTERCLAIM FOR BREACH OF CONTRACT filed by Facebook, Inc.. Motion Hearing set for 4/7/2011 08:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. a motion to set aside a marital settlement agreement, 32 . Briefs for the non-moving parties shall be filed and served one (1) week prior to the Learn More. IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA : CIVIL ACTION Plaintiff : : FILE NO: Vs. : DOMESTIC RELATIONS Defendant : DIVORCE MOTION FOR JUDGMENT ON THE PLEADINGS Comes Now the Plaintiff in the above captioned divorce case and moves the Court for a judgment on the pleadings on the grounds that: 1. Fed.R.Civ.P. ¶ The motion is confined to the face of the pleading under attack, and all facts alleged in the complaint must be accepted as true. SOUTHERN CALIFORNIA, et al., Plaintiffs, v. CITY OF LOS ANGELES, et al., Defendants.))))) Court has no jurisdiction of the subject of the cause of action alleged in complaint b. (2) "Plaintiff" includes a cross-complainant. in California state court. The sample document on which this preview is based has been revised and updated in July 2017, is 34 pages long and includes a table of contents and table … A motion for judgment on the pleadings is the proper procedure when all of the material allegations of fact are admitted in the pleadings and only questions of law remain. 31.53] Motion for Judgment on Pleadings 4. Categories At A Glance Guides, Litigation Practice. (a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the … By: Jim Wagstaffe and The Wagstaffe Group This article discusses how to submit evidence with a summary judgment motion in federal court and covers topics such as the burden to show admissibility, declarations and affidavits, the sham affidavit doctrine, expert … By: Randi-Lynn Smallheer, Practical Guidance This article is for attorneys making a motion for summary judgment in New York state court under Rule 3212 of the Civil Practice Law and Rules.It provides an overview of summary judgment and addresses the summary judgment standard, motion … TIME TO RESPOND (e) Appeals of dismissal, judgment on the pleadings and summary judgment orders. A party seeking to recover on any type of claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move, with or without supporting affidavits or … and Federal Court of Appeals. These grounds include: Inadvertence, Surprise, Mistake, or Excusable Neglect (CCP § 473(b)): This declaration can be used to prove compliance with the new meet and confer requirement before filing a motion for … 1. (1) “ Complaint ” includes a cross-complaint. Sample Business Contracts Research An Attorney or Law Firm Forms Reference Legal Commentary. That the Demurrer to the Complaint be sustained … Jud. It has the same function as a general demurrer but can be filed even after the time to demurrer has passed. App. The “purpose of a motion for judgment on the pleadings is to test the sufficiency of the pleadings.” Shin v. Kong, 80 Cal. 138 §§ 2, 18, and 19B unconstitutional to the extent that they prohibit out-of-state wineries from selling and delivering wine directly to consumers and A motion for judgment on the pleadings functions as a general demurrer, challenging whether a complaint or cross-complaint states facts sufficient to constitute a cause of action, or whether an answer states facts sufficient to constitute a defense. (1) A motion for judgment on the pleadings shall be filed with the Prothonotary. The clerk's transcript further reveals that plaintiffs' demurrer was overruled. 17-002 §17.2. However, it appears that this Motion was set for hearing on October 29, 2020 by mistake in both D. 20 and in D. 21. On May 5, 2013, plaintiff sued defendant for a sum of money in the amount of Two Hundred Thousand Pesos (P200,000.00); 2. Having largely the same general purpose and-----. In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. motion for judgment on the pleadings Attacking Federal Pleadings At A Glance. This motion for Judgment on the Pleadings is made pursuant to Code of Civil Procedure § 438 on the grounds that the first, second, third, fourth, fifth and sixth second causes of action in Plaintiff’s Complaint fail to state sufficient facts to constitute causes of action The Motion shall be based on this notice and the attached motion for Judgment on the pleadings, the attached … Volume B California Civil Litigation Forms Manual. Plaintiffs are entitled to test the sufficiency of the State Defendants’ affirmative defenses to determine which ones have a legitimate basis and will be actual defenses contested at trial. A summary judgment is usually distinguished from a judgment on the pleadings. This sample California motion for judgment on the pleadings for California is for a plaintiff who contends that the answer filed by a defendant fails to state enough facts to constitute a defense to the complaint. Collected from the entire web and summarized to include only the most important parts of it. Ct. 955 (1981) (finding judgment on the pleadings Search California Codes. Plaintiff, by counsel, respectfully alleges that: 1. INTERPLEADER. R. Civ. After all of the pleadings have been filed (including all counterclaims, cross-claims and any related answers and replies), any party may move for a judgment on the pleadings (FRCP 12(c)). (CCP § 438(g)(1).) RULE L1034 (a) MOTION FOR JUDGMENT ON THE PLEADINGS. Floor 3 KFC1010.A65 C3. (e) Appeals of dismissal, judgment on the pleadings and summary judgment orders. (1) "Motion" refers to either a motion for summary judgment or a motion for summary adjudication. Hearing dates for motions for summary judgment, summary adjudication, judgment on the pleadings, special motions to strike pursuant to Code of Civil Procedure, section 425.16 - external link, and demurrers must be reserved in advance by telephoning the calendaring clerks at 916-874-7848 (Department 54) or 916-874-7858 (Department 53). the motion, the same as the minimum filing deadline. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. Summary adjudication motions allow a court to adjudicate a limited set of issues specified in California’s summary judgment statute, section 437c, subdivision of the Code of Civil Procedure. To provide additional information, please use form MC-031, Attached Declaration. a. Here was the legal standard the Plaintiff asked the Court to apply in ruling on the motion. Code of Civil Procedure § … Said motion is based upon this Notice, the pleadings, declarations records and filed in the attached Memorandum of Points and Authorities, and oral and documentary evidence that may This motion is usually filed with the same court where the divorce judgment was issued. William Alsup. (Attachments: # 1 Proposed Order)(Avalos, Julio) (Filed on 3/3/2011) Modified on 3/4/2011 (wsn, COURT STAFF). MOTION FOR JUDGMENT ON THE PLEADINGS. A motion for summary judgment is a request to end a case without a trial. In determining whether to enter judgment on the pleadings, the trial court is limited only to the pleadings. - Rule 12(c): Motion for Judgment on the Pleadings. By: Randi-Lynn Smallheer, Practical Guidance This article is for attorneys making a motion for summary judgment in New York state court under Rule 3212 of the Civil Practice Law and Rules.It provides an overview of summary judgment and addresses the summary judgment standard, motion … The first page of each paper that you file must have a three-inch margin (three inches of space) at the top. California Civil Litigation and Discovery (Litigation By The Numbers® Substantive Companion) Ninth Edition (January 2018) Julie A. Goren, Esq. Current as of January 01, 2019 ... or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases. Motion to quash hearing. It should be noted that there is a deadline for filing a statutory motion for judgment on the pleadings in California pursuant to California Code of Civil Procedure § 438(e) which states that, “No motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is … (2) The court may upon its own motion grant a motion for judgment on the pleadings. 4th 498, 502-03 (2000). [§ 31.54] General Right of Discovery b. A For claimant. CRC 3.1203(a) (amended eff 1/1/08).When notice of an ex parte application is … It has the same function as a general demurrer but can be filed even after the time to demurrer has passed. (Rangel v. MOTIONS FOR JUDGMENT ON THE PLEADINGS. Defendant’s motion to set aside default/judgment (“Motion”) On September 10, 2020, this Motion was continued to October 29, 2020, in D. 21. P. 12(c),judgment on the pleadings is available to "any party" as a means of vindicating claims or defenses that enjoy undisputed factual support. Unlawful Detainer Motion for Judgment on the Pleadings in California Under CCP 438. Motion for a New Trial in California. a judgment on the merits is possible merely by considering the contents of the pleadings.” Sellers v. M.C. The California Center for Judiciary Education and Research (CJER), of the Administrative Office of the Courts (AOC), is ... Motion for Summary Judgment . local rules - central district of california 6/1/2020 chapter i - i . C.C.P. California Code of Civil Procedure (CCP) §§ 473(b), 473(d), 473.5 and Civil Code (Civ) § 1788.61 specify the most common grounds upon which you can base a motion for relief from default or default judgment. [Ragsdale v. Kennedy, 286 N.C. 130, 209 S.E.2d 494 (1974)] SET ASIDE/VACATE JUDGMENT. You can then appear in the case and assert whatever defense you have to plaintiff’s claims. (2) The court may upon its own motion grant a motion for judgment on the pleadings. ⁠ 107 This means that the practical deadline for serving and filing a motion for summary judgment is 105 days before the date set for trial (or longer, depending on the manner of service). After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings. local rules - central district of california 6/1/2020 chapter i - i . 17-003 §17.3. 2d 257, 223 P.2d 244 The statutory authorization for a motion for summary judgment in California is found in Code of Civil Procedure section 437c(a)(1) which states in pertinent part that, “Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit … a motion to set aside a judgment, 33 . A motion for judgment on the pleadings can only be filed once the pleadings have “closed” – in other words, once the defendant has filed an answer. Barbara Pollinger, J.D. In such a motion, the Court accepts all facts alleged in the complaint as true and makes all Summary Judgments and Motions for Judgment on the Pleadings [437c - 439] ... newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. If the judgment creditor fails to comply with section (a) of this Rule, the judgment debtor may file a motion for an order declaring that the judgment has been satisfied. The motion shall be served on the judgment creditor in the manner provided in Rule 3-121. Sample motion for judgment on the pleadings for California plaintiff The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents. 438. Standard of Review and Standard for Pleading {¶6} We review an order granting judgment on the pleadings de novo, applying Standard of Review - Judgment on the Pleadings. Motions for judgment on the pleadings are typically used by defendants. In deciding a Rule 12(c) motion, a court employs the same standard applicable to dismissals pursuant to Rule 12(b)(6). That would not be the case on an appeal from a judgment on the pleadings as, in such a case, it is likely that a motion for summary judgment would still be available. Because Defendant 22 EYGN chose to bring a motion for judgment on the pleadings and not a 23 summary judgment motion, the declarations proffered by Defendant EYGN 24 should be excluded and the Motion should be denied (or at most, granted with 25 leave to amend as a judgment on the pleadings). Potentially, a judgment can effectively become permanent; many states allow creditors to renew their judgments. Defendants _____ motion for judgment on the pleadings on the grounds that their complaint does state valid causes of action, and that Defendants demurrer is without merit. Also as of January 1, 2018, a party moving for judgment on the pleadings under Code Civ. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF WESTERN NATIONAL CONSTRUCTION’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF CILKER APARTMENTS, LLC’S COMPLAINT P:\DOCS\Western Nat.Cilker\Pleadings\Motions\Mtn.Judgment on Pleadings\MJOP.P&A.docx ... Santa Ana, … 456, Sec. Federal Rule of Civil Procedure 12(c) provides that "[a]fter the pleadings are closed - but early enough not to delay trial - a party may move for judgment on the pleadings." motion “when not raised in a motion prior to filing a pleading”).2 The FEC’s premature motion for judgment on the pleadings should be denied. II. (People v. $20,000 U.S. Currency (1991) 235 Cal.App.3d 682, 691.) This sample California motion for judgment on the pleadings for a defendant in California is used when a defendant contends that the complaint does not state a cause of action against them. 4. 3 . ... 2009. 1 Remand after an Indicative Ruling by the District Court on a Motion for Read Book Sample Motion For Telephonic Appearance Immigration Court motion calendar. A motion to dismiss may be granted if the plaintiff's complaint fails to adequately allege all of the elements of a claim or if the complaint fails to allege a measurable injury. Motion for summary judgment or summary adjudication (a) Definitions As used in this rule: (1) "Motion" refers to either a motion for summary judgment or a motion for summary adjudication. The court agreed that §230(c)(1) applied and granted Craigslist’s motion for judgment on the pleadings. For the reasons set forth in the attached memorandum of law, which is incorporated herein by reference, see Local Rule 7.1(c), the United States requests that its motion be granted, and Practice Proc. Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal. A brief in support of the motion shall be filed at the same time as the motion for judgment on the pleadings is filed. chapter i . NORTHERN DISTRICT OF CALIFORNIA HARMEET K. DHILLON, Plaintiff, v. DOE 1, et al., Defendants. 13 -CV 01465 SI PLAINTIFF’S OPPOSITION TO DEFENDANT DOE 1’s MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO FRCP 12(c) OR FOR SUMMARY JUDGMENT Hearing Date: February 28, 2014 Hearing Time: 9:00 a.m. … 00 a o C o O (D o o o O o o a O o o 5 a O U) O o o x o a O UI o o o rt o . Summary Judgment: Making the Motion (NY) Posted on 10-19-2020 . (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." Said motion is made upon the ground that said resulting judgment was entered against defendant due to mistake, surprise, inadvertence and excusable neglect. Learn more. (2) The court may upon its own motion grant a motion for judgment on the pleadings. demurrer. / / / / / / / / 4 MOTION BY DEFENDANTS NANCY DIXON AND MATT DIXON FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, FOR SUMMARY … The California Code of Civil Procedure § 1005(b) lays out the guidelines regarding timeliness on a variety of motions, including joinder to motion. The Standard for Judgment on the Pleadings Under Mass. Section 37.12. In some states, creditors are allowed to renew a judgment once or twice. A motion for a new trial in California is found in Code of Civil Procedure sections 656 through 663.2. MOTION FOR JUDGMENT ON THE PLEADINGS The United States and the State of North Carolina brought this antitrust action to protect Charlotte healthcare consumers from the higher prices and other anticompetitive harm that result from Defendant Carolinas Healthcare System’s (“CHS”) imposition of contractual restrictions on steering. Floor3 KFC1020.A65 C34§ Volume 2 Cal. That the Demurrer to the Complaint be sustained … 1988). Second, if the motion for summary judgment is successful, any appeal will be more likely to resolve once-and-for-all whether there will be a trial in this case. We Make Litigation Docs Easy. 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