Civil Procedure
May 5, 2026
Curing technical defects in summary judgment proceedings
California courts generally favor allowing parties to correct curable procedural defects in summary judgment-related filings so cases are decided on their merits rather than on technical errors, especially where there is no prejudice to the opposing side.
David J. Ozeran
UC Davis SOL King Hall; Davis CA
David is certified as an appellate specialist by the California State Bar Board of Legal Specialization.
To err is human; to forgive divine. Especially in opposition to summary judgment motions, where inadvertent mistakes in the submission of evidence or in the responsive separate statement can result in the loss of the case.
In the recent case of Walton v. Victor Valley Community College District, 2026 DJDAR 2821 (April 16, 2026), an action for sexual harassment and related claims, the Court of Appeal held that the trial court abused it...
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