Motions Flashcards
Authorities
sources supporting points
Declarant
one who makes and signs a declaration
Declaration
a statement setting forth facts and signed under penalty of perjury
Demurrer
a responsive pleading in which a defendant or cross- defendant objects to a complaint or cross-complaint on various grounds, including that it fails to allege facts sufficient to state a cause of action; follows format of a motion
Exhibit
supporting documentation or material usually designated by capital letters or numbers (Exhibit “A”, Exhibit “1”, etc.)
Ex parte
application
(Latin “for one side only”); an application for a court order made on short or no notice
Material fact
with respect to an MSJ or MSA, a fact that relates to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion
Motion
an application by a party for a court order
Motion for summary adjudication (“MSA”)
motion intended to determine fewer than all ultimate issues or causes of action without trial where there is no triable issue of material fact as to those issues
Motion for summary judgment (“MSJ”)
motion intended to dispose of an entire action on the ground that the action has no merit or there is no defense thereto where there is no triable issue of material fact
Motion to strike
a motion requesting that all or part of a pleading be deleted
Moving party
party who makes a motion, also called “movant”
Order
directive of the court
Point
legal theory upon which a motion is based
Responsive pleading
an answer, demurrer or cross-complaint filed in response to allegations of a complaint or other pleading
