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1 The Opposition shall be based on this Opposition, the attached Memorandum of Points and
2 Authorities, the Declaration of ________________________and Exhibits attached thereto, and the
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Separate Statement of Undisputed Material Facts, concurrently filed and served, on the complete files
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and records of this action, and on such other oral and/or documentary evidence as may be presented
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at the hearing on the Motion.
7 Dated________________ ___________________________________________________
ANY ATTORNEY OR PARTY
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1 MEMORANDUM OF POINTS AND AUTHORITIES
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STATEMENT OF FACTS
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This case arises out of ________________________________________________.
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Put down a brief description of the case, such as breach of contract action, with cross-
7 complaint, etc.
13 Defendant opposes Plaintiffs on the grounds that there are triable issues of material fact in that
14 ______________________________________.
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Thus there are triable issues of material fact as to LIST HERE THE TRIABLE ISSUES OF
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MATERIAL FACT THAT EXIST SUCH AS WHO BREACHED A CONTRACT, WHO WAS
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NEGLIGENT, ETC.
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19 Defendant contends that the Court should deny Plaintiffs Motion and allow all of the claims in
23 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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1 II.
2 LEGAL ARGUMENT
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A. THE COURT SHOULD DENY THE MOTION AS SUMMARY JUDGMENT
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CAN ONLY BE GRANTED WHEN NO TRIABLE ISSUE EXISTS AS TO ANY
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MATERIAL FACT
7 Case law is clear that Summary Judgment can only be granted when no triable issues of
11 https://legaldocspro.myshopify.com/products/sample-opposition-to-
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motion-for-summary-judgment-in-california
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