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Expert Analysis

The Uncertain Future Of Summary Judgment In California

By Scott Dixler, Melissa Edelson and Steve Fleischman ( October 30, 2018, 1:08 PM EDT) -- ​After decades of viewing summary judgment skeptically, the California Supreme Court has recently followed the Legislature's lead and held that summary judgment is no longer a disfavored remedy. [1] Two recent Court of Appeal decisions, however, demonstrate a continuing split of authority among the intermediate courts concerning a trial court's discretion to grant summary judgment based on noncompliance with the summary judgment statute. [2] Leyva v. Garcia exemplifies the liberalization of summary judgment law, while Levingston v. Kaiser Foundation Health Plan demonstrates courts' perennial reluctance toward granting summary judgment. . . .

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