__[Attorney name]__
__[Address]__
__[Telephone number]__
Attorney for __[e.g., Defendant]__, __[name]__
_ _ _ _ _ _ Court, County of _ _ _ _ _ _
__[_ _ _ _ _ _ District]__
_ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _
Plaintiff(s))
vs. )NOTICE OF MOTION FOR SUMMARY
)JUDGMENT OR SUMMARY
_ _ _ _ _ _ _ _ _ _ _ _ _ ) ADJUDICATION OF ISSUES; SEPARATE
Defendant(s))STATEMENT__[OF UNDISPUTED
_________________________ ) MATERIAL FACTS]__;__[POINTS AND
AUTHORITIES;]__
__[DECLARATION(S);]__
__[PROPOSED ORDER]__
Hearing: __[date; time]__
Department: _ _ _ _ _ _
__[Estimated length:_ _]__
Trial Date: __[if set]__
PLEASE TAKE NOTICE that defendant, __[name]__, moves the
Court under Code of Civil Procedure section 437c for an order
that summary judgment be entered in favor of defendant and
against plaintiff, __[name]__. The grounds for issuance of this
order are that no triable issue exists for any material fact in
this case, and defendant is entitled to a judgment as a matter of
law.
The Court is located at __[address]__.
If for any reason summary judgment cannot be granted,
defendant moves in the alternative for summary adjudication of
issues and requests the Court for an order that the following
issues are without substantial controversy:
SPECIFICATION OF ISSUES WITHOUT SUBSTANTIAL CONTROVERSY
ISSUE NO. 1: Plaintiff's first cause of action for medical
malpractice is barred by the statute of limitations as set forth
under Code of Civil Procedure section 340.5 (see separate
statement of undisputed facts, fact nos. 1-3).
ISSUE NO. 2: With respect to plaintiff's second cause of
action for battery, plaintiff gave his informed consent to the
surgical procedures that were performed (see separate statement
of undisputed facts, fact nos. 4-7).
ISSUE NO. 3: Plaintiff sustained no loss of wages or other
compensation from employment as a result of defendant's acts as
alleged in plaintiff's second cause of action (see separate
statement of undisputed facts, fact no. 8).
These alternative motions are based on the attached
documents and exhibits including the separate statement of
undisputed facts; the signed transcript of plaintiff's deposition
taken on __[date]__; the declarations of __[name]__ and
__[name]__; the entire contents of this file, of which the Court
is requested to take judicial notice under the notice of request
to take judicial notice; the memorandum of points and
authorities; and any evidence received at the hearing.
Date: _ _ _ _ _ _ [Signature]
________________________
__[Typed name]__
Attorney for _ _ _ _ _ _ _ _ _ _
Return to Table of Contents for
Legal Forms : Set Two