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Appellate Practice

May 13, 2008

What a Relief?

The appellate courts disagree on just how fatal the lack of a timely opposition is in regard to summary judgment.

Alana H. Rotter

Partner
Greines, Martin, Stein & Richland LLP

5900 Wilshire Blvd 12th FL
Los Angeles , CA 90036

Phone: (310) 859-7811

Fax: (310) 276-5261

Email: arotter@gmsr.com

Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.

FOCUS COLUMN

By Alana H. Rotter
This article appears on Page 7

      As any litigator quickly learns, the summary judgment statute imposes many procedural requirements. Courts have cautioned that the statute, Code of Civil Procedure Section 437c, is "unforgiving" and that "there is little flexibility" in its requirements. Brantley v. Pisaro, 42 Cal.App.4th 1591, 1607 (1996). Failure to comply with these requirements i...

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