This is a post that most likely will interest only attorneys, but I post it anyway.
California AB 1141 has made several changes in law including a change to the provisions governing motions for summary adjudication, where a party can motion the Court to determine whether or not a party has a claim and can proceed with his or her case. AB 1141 now allows the parties to bring a motion for summary adjudication even if the motion if granted would not completely dispose of a cause of action, affirmative defense, claim for damages, or issue of duty. In other words, AB 1141 moves some of the motion for summary adjudication provisions back closer to where they used to be. The following is a summary from the Legislative Counsel’s Digest relative to the changes pertaining to motions for summary adjudication.
(1) Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law provides that a motion for summary adjudication shall be granted only if it completely disposes of a cause of action, affirmative defense, claim for damages, or issue of duty.
This bill would allow a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense, or issue of duty if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue or issues to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy. This bill would also prescribe the contents of, and signatories to, the notice of motion, among other provisions.
Dave Tate, Esq., San Francisco and California, blog: http://californiaestatetrust.com