Civil Litigation,
Law Practice,
California Supreme Court,
California Courts of Appeal,
Appellate Practice
Sep. 8, 2017
Skipping technicalities really can result in summary judgment
Form should not win over substance. When it comes to SJ, however, that precept may not apply as much anymore.
Jens B. Koepke
Counsel
Complex Appellate Litigation Group LLP
appellate law (specialist), intellectual property, entertainment
Phone: (424) 738-5563
Email: jens.koepke@calg.com
UCLA Law School
Jens is a certified appellate specialist, and the incoming chair for the Appellate Courts Section of the Los Angeles County Bar Association.
There is a general precept in the law that in disposing cases, form should not win over substance. Two recent appellate cases show that when it comes to summary judgments, however, that precept may not apply as much anymore. All parties (but particularly plaintiffs) should beware that failing to follow the technical rules of pleading and of prosecuting/defending summary judgment motions can doom their case.
In ...
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