Winning Your Appeal at the Trial Court Level: Law & Motion

Winning Your Appeal at the Trial Court Level:


Law & Motion


All motions must be supported by evidence. Statements of facts in a points and authorities will be ignored by the court of appeal unless supported by declaration. (Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573; Owens v. Intertec Design, Inc. (1995) 38 Cal.App.4th 72.) With respect to motions for summary judgment, the separate statement must refer to admissible evidence. (Thrifty Oil Co. v. Superior Court (2001) 91 Cal.App.4th 1070, 1075, fn. 4.)

Critically, it is mandatory that you object to the opposing parties’ evidence on summary judgment in order to preserve the issue for appeal. (Cal. Civ. Proc. §437c(b)(5) In that same vein, ensure the court makes rulings on each of your objections to evidence. “…a trial court presented with timely evidentiary objections in proper form must expressly rule on the individual objections, and it if does not, the objections are deemed waived and the objected-to evidence included in the record.” (Demps v. San Francisco Housing Authority (2007) 149 Cal.App.4th 564, 578.) Objections must be in writing or the objecting party must arrange for a reporter at the hearing so as to set each forth in the record. (Rule 3.1352, 3.1354.)