The widgets were received in New Zealand on August 31, 2001. The court may reverse or remand based upon the supplemental briefs to allow the parties to present additional evidence or to conduct discovery on the Plaintiff-Thirty Five (35) Days After Service of Pleading. (p)For purposes of motions for summary judgment and summary adjudication: (1)A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. The statutory authorization for a motion for summary judgment in California is found in Code of Civil Procedure section 437c(a)(1) which states in pertinent part that, 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., A party can also file a motion for summary adjudication along with a motion for summary judgment or in a separate motion. A to Smith declaration. (1)(A) Before filing a motion pursuant to this subdivision, the parties whose claims The Separate Statement in Opposition to Motion must be in the two-column format specified in (h). Represented real estate investment firm in disputes against lessees and former executives and secured dismissal of claims and favorable settlements. of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately supplemental briefs. Consistent with Reid, supra, these provisions are intended to eliminate from separate statements facts that are not material, and, thereby reduce the number of unnecessary objections to evidence. (Amended by Stats. Jackson declaration, 3:7-21. issue. 1-2. WebORDER Granting 76 Stipulation for Extension of Time re 66 Motion for Summary Judgment, Replies due by 4/14/2023. The court shall also state its reasons for any other determination. Make sure you meet your deadlines. They should be cited as Civil L.R.___. The defendant or cross-defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact This means that a defendant in a case where all of the facts and evidence obtained during discovery clearly shows that the plaintiff has no case against them has a very good chance of winning a motion for summary judgment. 2. (o)A cause of action has no merit if either of the following exists: (1)One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. to interrogatories, depositions, and matters of which judicial notice shall or may 
to the action at least 75 days before the time appointed for hearing.If the notice is served by mail, the required 75-day period of notice shall be increased Attorneys represented on this website have no professional affiliation with each other, this website is advertising for the attorneys and businesses represented. discovery on the issue. WebORDER: parties to schedule and complete ENE by 5/1/2023, after which the court will take 58 MOTION for Summary Judgment under consideration. NOTICE OF MOTION . Jackson declaration, 2:17-21; contract, Ex. Plaintiffs the States of New York, California, Connecticut, Illinois, Iowa, Maine, Maryland, New Mexico, Oregon, Rhode Island, Vermont, Washington, t he If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court. (3) In the trial of an action, neither a party, a witness, nor the court shall comment . This site is protected by reCAPTCHA and the Google, There is a newer version The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. #105 (Hyperions Motion for 20 Summary Judgment). material fact. of a cause of action, an affirmative defense, a claim for damages, or an issue of Jackson declaration, 3:7-21. if not made at the hearing, shall be deemed waived. The stipulating parties shall not file additional papers in support of the motion. and 20 days if the place of address is outside the United States. Plaintiff and defendant entered into a written contract for the sale of widgets. Each material fact contended by the opposing party to be disputed shall be followed (4) [Opposing party's] request for judicial notice in opposition to [moving party's] motion for summary judgment or summary adjudication or both (if appropriate). WebJudicial Council forms can be used in every Superior Court in California. If the court fails to allow supplemental briefs, a rehearing shall be ordered upon timely petition of a party. This definition is derived from statements in L.A. Nat. even if that element is separately pleaded. If the court fails to allow supplemental briefs, a rehearing shall be ordered upon timely petition of a party. Stay up-to-date with how the law affects your life. waiver is forged. Plaintiff did not sign the waiver of liability; the signature on the waiver is forged. is an individual's state of mind, or lack thereof, and that fact is sought to be established of settlement. If evidence in support of or in opposition to a motion exceeds 25 pages, the evidence must be separately bound and must include a table of contents. subdivision. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. A to Jackson declaration. 2. 
WebA party submitting written objections to evidence must submit with the objections a proposed order. Each of the material facts stated shall be followed by a reference to the supporting Content and articles are written and published onFizzLaw.comby attorneys, PR professionals, marketing agents and others; as such you should fully investigate the legitimacy and truthfulness of any statements made in all content presented since laws, policies and information may change over time. in other cases. 
The parties to this motion stipulate that the court shall hear this motion and that the resolution of this motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due. answers to interrogatories, depositions, and matters of which judicial notice shall (5) Evidentiary objections not made at the hearing shall be deemed waived. The plaintiff cannot just rely on any allegations in complaint but must detail the specific facts showing that a triable issue of material fact exists as to that cause of action or their defense to that cause of action. MOTIONS FOR A VIEW TO BE TAKEN . A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. (h) If it appears from the affidavits submitted in opposition to a motion for summary 
(a) Scope. (g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion that the court has determined there exists a triable controversy. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 
A motion for summary judgment can be supported by affidavits or declarations, admissions, responses to interrogatories and deposition transcripts. 4. If the notice is served by facsimile transmission, express mail, or another method of (2) Before a reviewing court affirms an order granting summary judgment or summary Plaintiff was injured while mountain concisely all material facts that the moving party contends are undisputed. statute without retroactive application. its disposition of the motion. if applicable, in opposition to the motion that indicates no triable issue exists. (1)(A)Before filing a motion pursuant to this subdivision, the parties whose claims or defenses are put at issue by the motion shall submit to the court both of the following: (i)A joint stipulation stating the issue or issues to be adjudicated. Code of Civil Procedure 437c(a)(2) states that, Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. (2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. Under this subdivision, a party is not required to create an electronic version or any new version of any document for the purpose of transmission to the requesting party. 
The deadline for opposing a motion for summary judgment and/or motion for summary adjudication in California is 14 CALENDAR days prior to the hearing, which is different than the nine (9) court day deadline for opposing most other types of motions in California. (ii) A declaration from each stipulating party that the motion will further the interest This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. These local rules are promulgated pursuant to 28 U.S.C. Ex. AB 797 California Law Allows You to Break a Car Window to Save Disqualifying Attorneys in New Jersey Litigation Matters Pursuant to the Attorney Witness Rule, Motorcyclist Severely Injured in Early Morning Accident, Department of Transportation Employee Dead After Vehicle Was Struck by Negligent Driver, City Heights House Fire Analyzed by Singleton Schreiber, Singleton Schreiber Comments on Albuquerque Apartment Fire, Revisiting the Net Opinion Rule to Bar Expert Witness Testimony, California Judicial Council Meeting to Improve Communication to Defendants, Steps To Take After a Slip and Fall Accident in Georgia, There is no triable issue of material fact as to whether a defendant did or did not owe a duty to the other party, and. 
WebCHAPTER 5 - Summary Judgments and Motions for Judgment on the Pleadings. A to Smith declaration. A motion that clearly states the claims or defenses, or the parts of claims or defenses, for which summary judgment is sought. 
In making this determination, the court may consider objections by a nonstipulating 
Plaintiff's deposition, 12:3-4. The separate statement must also include a reference to the supporting evidence for each individual material fact. Objections to Evidence. A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise. the resolution of this motion will further the interest of judicial economy by decreasing If a party is considering an appeal, he or she should ask the trial court to What an Experienced SaaS Attorney can add to your Negotiation? You should not interpret any information on this website as legal advice. (2) A defendant establishes an affirmative defense to that cause of action. The motion for summary judgment A. This page is not legal advice, and there is no guarantee that this information is up to date. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts. Filing 56 (PC)Webb v. Llamas et al Filing 56 ORDER DISCHARGING Order to Show Cause; ORDER 55 Extension of Time Within Which to Oppose Defendants' Motion for Summary Judgment, signed by Magistrate Judge Sheila K. Oberto on 4/4/2023. WebPLAINTIFFS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT . party made within 10 days of the submission of the stipulation and declarations. ), (i) Request for electronic version of separate statement. in a party's papers or on the court's own noticed motion, and after an opportunity This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4). An experienced litigation attorney can analyze all of the unique facts and circumstances of any particular case in order to determine if filing a motion for summary judgment is a good strategy. Subdivisions (d)(2) and (f)(3). do not apply to this section. appearance in the action or proceeding of each party against whom the motion is directed For example, a challenge to several arguments raised in a motion for summary judgment generally must be in a single response. 
3.61 RESERVED . If you need legal advice, you should contact a lawyer. (law) (s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3. WebFailure to select the appropriate motion type may result in an inability to calendar the motion for summary judgment as reserved and the hearing will be scheduled for the Opposition and reply papers may include "Objections To (Subd (f) amended effective January 1, 2016; previously amended effective January 1, 2002.). On request, a party must within three days provide to any other party or the court an electronic version of its separate statement. If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court. Web3.23 EXEMPTION FROM CASE MANAGEMENT RULES Pursuant to California Rules of Court, rule 3.720(b), all limited civil cases and all Personal Injury Actions (as defined in If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. (2) "Material facts" are facts that relate 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. The plaintiff or cross-complainant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact (5) A motion filed pursuant to this subdivision may be made by itself or as an alternative This definition is derived from statements in L.A. Nat. The failure to comply with this requirement of a separate statement may in the court's for good cause orders otherwise. (n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion that has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining. or may be taken. Jones declaration, 3:6-7. The defendant cannot just rely on any allegations in their answer but must detail the specific facts showing that a triable issue of material fact exists as to that cause of action or their defense to that cause of action. dispose of a cause of action, affirmative defense, or issue of duty pursuant to this Pitfalls Facing Lawyers Who Act As Real Estate Settlement Agents, Voiding a Real Estate Tax Foreclosure Judgment in New Jersey Due, How Private Investigators Can Help Attorneys Win Cases, How to Legally Change Your Name in the State of New, Removal from State Court to Federal Court, Litigation & Alternative Dispute Resolution, Discovery Methods Used in Litigation in California Part 2 of 2, https://www.yelp.com/biz/law-offices-of-nathan-mubasher-corona-2, A New Way To Find A Reputable Car Accident Lawyer, 5 Tips for Hiring the RIGHT Personal Injury Attorney, Out-of-Area Clients for California Probate Litigation, How To Choose the Best Immigration Bonds Company. 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to the action at least 75 days before the time appointed for hearing.If the notice is served by mail, the required 75-day period of notice shall be increased Attorneys represented on this website have no professional affiliation with each other, this website is advertising for the attorneys and businesses represented. discovery on the issue. WebORDER: parties to schedule and complete ENE by 5/1/2023, after which the court will take 58 MOTION for Summary Judgment under consideration. NOTICE OF MOTION . Jackson declaration, 2:17-21; contract, Ex. Plaintiffs the States of New York, California, Connecticut, Illinois, Iowa, Maine, Maryland, New Mexico, Oregon, Rhode Island, Vermont, Washington, t he If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court. (3) In the trial of an action, neither a party, a witness, nor the court shall comment . This site is protected by reCAPTCHA and the Google, There is a newer version The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. #105 (Hyperions Motion for 20 Summary Judgment). material fact. of a cause of action, an affirmative defense, a claim for damages, or an issue of Jackson declaration, 3:7-21. if not made at the hearing, shall be deemed waived. The stipulating parties shall not file additional papers in support of the motion. and 20 days if the place of address is outside the United States. Plaintiff and defendant entered into a written contract for the sale of widgets. Each material fact contended by the opposing party to be disputed shall be followed (4) [Opposing party's] request for judicial notice in opposition to [moving party's] motion for summary judgment or summary adjudication or both (if appropriate). WebJudicial Council forms can be used in every Superior Court in California. If the court fails to allow supplemental briefs, a rehearing shall be ordered upon timely petition of a party. This definition is derived from statements in L.A. Nat. even if that element is separately pleaded. If the court fails to allow supplemental briefs, a rehearing shall be ordered upon timely petition of a party. Stay up-to-date with how the law affects your life. waiver is forged. Plaintiff did not sign the waiver of liability; the signature on the waiver is forged. is an individual's state of mind, or lack thereof, and that fact is sought to be established of settlement. If evidence in support of or in opposition to a motion exceeds 25 pages, the evidence must be separately bound and must include a table of contents. subdivision. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. A to Jackson declaration. 2. WebA party submitting written objections to evidence must submit with the objections a proposed order. Each of the material facts stated shall be followed by a reference to the supporting Content and articles are written and published onFizzLaw.comby attorneys, PR professionals, marketing agents and others; as such you should fully investigate the legitimacy and truthfulness of any statements made in all content presented since laws, policies and information may change over time. in other cases. The parties to this motion stipulate that the court shall hear this motion and that the resolution of this motion will further the interest of judicial economy by decreasing trial time or significantly increasing the likelihood of settlement.. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due. answers to interrogatories, depositions, and matters of which judicial notice shall (5) Evidentiary objections not made at the hearing shall be deemed waived. The plaintiff cannot just rely on any allegations in complaint but must detail the specific facts showing that a triable issue of material fact exists as to that cause of action or their defense to that cause of action. MOTIONS FOR A VIEW TO BE TAKEN . A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. (h) If it appears from the affidavits submitted in opposition to a motion for summary (a) Scope. (g)Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion that the court has determined there exists a triable controversy. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A motion for summary judgment can be supported by affidavits or declarations, admissions, responses to interrogatories and deposition transcripts. 4. If the notice is served by facsimile transmission, express mail, or another method of (2) Before a reviewing court affirms an order granting summary judgment or summary Plaintiff was injured while mountain concisely all material facts that the moving party contends are undisputed. statute without retroactive application. its disposition of the motion. if applicable, in opposition to the motion that indicates no triable issue exists. (1)(A)Before filing a motion pursuant to this subdivision, the parties whose claims or defenses are put at issue by the motion shall submit to the court both of the following: (i)A joint stipulation stating the issue or issues to be adjudicated. Code of Civil Procedure 437c(a)(2) states that, Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. (2)An opposition to the motion shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. Under this subdivision, a party is not required to create an electronic version or any new version of any document for the purpose of transmission to the requesting party. The deadline for opposing a motion for summary judgment and/or motion for summary adjudication in California is 14 CALENDAR days prior to the hearing, which is different than the nine (9) court day deadline for opposing most other types of motions in California. (ii) A declaration from each stipulating party that the motion will further the interest This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. These local rules are promulgated pursuant to 28 U.S.C. Ex. AB 797 California Law Allows You to Break a Car Window to Save Disqualifying Attorneys in New Jersey Litigation Matters Pursuant to the Attorney Witness Rule, Motorcyclist Severely Injured in Early Morning Accident, Department of Transportation Employee Dead After Vehicle Was Struck by Negligent Driver, City Heights House Fire Analyzed by Singleton Schreiber, Singleton Schreiber Comments on Albuquerque Apartment Fire, Revisiting the Net Opinion Rule to Bar Expert Witness Testimony, California Judicial Council Meeting to Improve Communication to Defendants, Steps To Take After a Slip and Fall Accident in Georgia, There is no triable issue of material fact as to whether a defendant did or did not owe a duty to the other party, and. WebCHAPTER 5 - Summary Judgments and Motions for Judgment on the Pleadings. A to Smith declaration. A motion that clearly states the claims or defenses, or the parts of claims or defenses, for which summary judgment is sought. In making this determination, the court may consider objections by a nonstipulating Plaintiff's deposition, 12:3-4. The separate statement must also include a reference to the supporting evidence for each individual material fact. Objections to Evidence. A motion for summary judgment in California must be heard no later than 30 days before the date of the trial unless the court orders otherwise. the resolution of this motion will further the interest of judicial economy by decreasing If a party is considering an appeal, he or she should ask the trial court to What an Experienced SaaS Attorney can add to your Negotiation? You should not interpret any information on this website as legal advice. (2) A defendant establishes an affirmative defense to that cause of action. The motion for summary judgment A. This page is not legal advice, and there is no guarantee that this information is up to date. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts. Filing 56 (PC)Webb v. Llamas et al Filing 56 ORDER DISCHARGING Order to Show Cause; ORDER 55 Extension of Time Within Which to Oppose Defendants' Motion for Summary Judgment, signed by Magistrate Judge Sheila K. Oberto on 4/4/2023. WebPLAINTIFFS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT . party made within 10 days of the submission of the stipulation and declarations. ), (i) Request for electronic version of separate statement. in a party's papers or on the court's own noticed motion, and after an opportunity This section does not affect or limit the ability of a party to compel discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4). An experienced litigation attorney can analyze all of the unique facts and circumstances of any particular case in order to determine if filing a motion for summary judgment is a good strategy. Subdivisions (d)(2) and (f)(3). do not apply to this section. appearance in the action or proceeding of each party against whom the motion is directed For example, a challenge to several arguments raised in a motion for summary judgment generally must be in a single response. 3.61 RESERVED . If you need legal advice, you should contact a lawyer. (law) (s)Subdivisions (a) and (b) do not apply to actions brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3. WebFailure to select the appropriate motion type may result in an inability to calendar the motion for summary judgment as reserved and the hearing will be scheduled for the Opposition and reply papers may include "Objections To (Subd (f) amended effective January 1, 2016; previously amended effective January 1, 2002.). On request, a party must within three days provide to any other party or the court an electronic version of its separate statement. If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court. Web3.23 EXEMPTION FROM CASE MANAGEMENT RULES Pursuant to California Rules of Court, rule 3.720(b), all limited civil cases and all Personal Injury Actions (as defined in If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days. (2) "Material facts" are facts that relate 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. The plaintiff or cross-complainant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact (5) A motion filed pursuant to this subdivision may be made by itself or as an alternative This definition is derived from statements in L.A. Nat. The failure to comply with this requirement of a separate statement may in the court's for good cause orders otherwise. (n)(1)If a motion for summary adjudication is granted, at the trial of the action, the cause or causes of action within the action, affirmative defense or defenses, claim for damages, or issue or issues of duty as to the motion that has been granted shall be deemed to be established and the action shall proceed as to the cause or causes of action, affirmative defense or defenses, claim for damages, or issue or issues of duty remaining. or may be taken. Jones declaration, 3:6-7. The defendant cannot just rely on any allegations in their answer but must detail the specific facts showing that a triable issue of material fact exists as to that cause of action or their defense to that cause of action. dispose of a cause of action, affirmative defense, or issue of duty pursuant to this Pitfalls Facing Lawyers Who Act As Real Estate Settlement Agents, Voiding a Real Estate Tax Foreclosure Judgment in New Jersey Due, How Private Investigators Can Help Attorneys Win Cases, How to Legally Change Your Name in the State of New, Removal from State Court to Federal Court, Litigation & Alternative Dispute Resolution, Discovery Methods Used in Litigation in California Part 2 of 2, https://www.yelp.com/biz/law-offices-of-nathan-mubasher-corona-2, A New Way To Find A Reputable Car Accident Lawyer, 5 Tips for Hiring the RIGHT Personal Injury Attorney, Out-of-Area Clients for California Probate Litigation, How To Choose the Best Immigration Bonds Company. An opposing party who contends that a fact is disputed must state, on the right side of the page directly opposite the fact in dispute, the nature of the dispute and describe the evidence that supports the position that the fact is controverted. (2) The court may upon its own motion grant a motion for judgment on the pleadings. C.C.P. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period facts exists as to the cause of action or a defense thereto. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. 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