§6.03 Motion for Summary Judgment

A motion for summary judgment may be made on 5 days’ notice any time after an answer is filed. You should grant or deny summary judgment on the same basis as you would for a motion for summary judgment in any other civil action. [CCP §1170.7.] However, the provisions of CCP §437c(a)–(b) concerning the time for making and hearing the motion do not apply to UD actions, nor does the requirement of a separate statement supporting or opposing the motion. [See CCP §437c(b), (r).]

REFERENCE >> For a full discussion on the requirements for motions for summary judgment, see California Judges Benchbook: Civil Proceedings—Before Trial, chap 13 (Cal CJER 1995).