In Application (A.) 99-04-010, we reviewed our standards for dismissing complaints and applications: If the parties' filings disclose the existence of a disputed issue of material fact, the motion must be denied. The motion shall be granted if all the papers show that there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. Under the summary judgment procedure, the moving party has the burden of showing that there are no disputed facts by means of "affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken." The opposition to the motion must state which facts are still in dispute. 18 As the Commission stated in D.06-08-006: 17 Initially, the moving party bears the burden of establishing evidentiary facts sufficient to prove or disprove the elements of a particular claim, and then the burden shifts to the opposing party to show a material issue of fact or an affirmative defense. 16 As such, where appropriate, the Commission regularly grants motions for summary judgment or summary adjudication. ![]() in all procedural respects as a motion for summary judgment.Ī further purpose of such a motion is that it promotes and protects the administration of justice and expedites litigation by the elimination of needless trials. §§ 437c(f)(1) and (2) provide for summary adjudication by an analogous procedure:Ī party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty.Ī motion for summary adjudication shall proceed. ![]() and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence, if contradicted by other inferences or evidence, which raise a triable issue as to any material fact."Ĭ.C.P. In determining whether the papers show that there is no triable issue as to any material fact the court shall consider all of the evidence set forth in the papers. The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 15 The Commission looks to California Code of Civil Procedure § 437(c) for the standards on which to decide a motion for summary judgment. ![]() 14 The Commission has explained that the purpose of both types of motions is to permit determination before hearing whether there are any triable issues as to any material fact. This procedure is analogous in several respects to a motion for summary judgment in civil practice. While there is no Commission rule expressly for summary judgment motions, the Commission's Rules of Practice and Procedure (Rules) does have Rule 13 11.2, which governs motions to dismiss. 11 The interpretation of a statute or regulation is generally seen to be a pure legal issue. 10 A motion for summary adjudication is appropriate where the evidence presented indicates there are no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. ![]() The Commission treats such motions as a court would treat motions for summary judgment in civil practice. In effect, the request is a Motion to Dismiss.Ī Motion to Dismiss requires the Commission to determine whether the party bringing the motion prevails based solely on undisputed facts and matters of law. Standard for Ruling on a Motion to DismissĪs noted earlier (see footnote 8 and accompanying text), Defendant requests that the Commission dismiss the complaint. D1207004 Dismissing the Complaint of Wendy Wood and Robert F.
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