Articles Tagged with “Summary judgment”

Slip and fall cases can be challenging to prove in California. In many cases, defendants bring motions for summary judgment to get the case dismissed on the grounds that the plaintiff can’t prove crucial elements of notice or causation.

California Code of Civil Procedure § 437c read in relevant part, “Any party may 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 the action or proceeding…”

Essentially, if a motion for summary judgment is granted the trial court is dismissing the case and not allowing the parties to proceed in court. The trial court does not always make the final decisions on these types of issues. A party to an action can appeal or seek a ruling of a higher court, known as an appellate court.