And, even more fundamentally, recent case law holds that Code of Civil Procedure section 437c requires the trial court to hold a hearing on the summary judgment motion the court of appeal will reverse a summary judgment entered without a hearing. Remember also that unless objections to opposing evidence are made at or before the summary judgment hearing, they are waived. The trial court had applied the new legal theory to an undisputed material fact put in issue by the parties' separate statement of undisputed material facts. County of Sacramento (1993) 12 Cal.App.4th 59, 68-69, the court upheld the trial court's grant of summary judgment on a ground not specifically tendered by the moving party but rather identified by the trial court. (1987) 194 Cal.App.3d 1214, 1223, the Court upheld a summary judgment on a ground offered for the first time on appeal where the opposing party had an opportunity to present evidence on a factual issue but failed to do so. The comprehensiveness of the separate statement is important to record preservation because the court of appeal will affirm a summary judgment if it is correct on any legal theory, not just the legal theory relied on by the trial court (or even necessarily the legal theories raised by the parties in the trial court). Importantly, it is not sufficient simply to file or lodge the evidence and cite to it in the memorandum of points and authorities. In preparing a motion for summary judgment, remember the cardinal rule that if evidence is not in the separate statement, it does not exist. Motions for summary judgment can be especially tricky and present several opportunities for making big mistakes. Here, too, record preservation issues abound. Most civil cases never make it to trial but are decided on motion for summary judgment or other pretrial motion. 1: Ignoring record preservation at the motion stage (particularly summary judgment) Nonetheless, many good appeals have been lost because of counsel's failure to preserve the record. And some issues, particularly pure questions of law, can usually be considered on appeal even if not raised below. Reviewing courts also have considerable leeway deciding to "save" an argument that was arguably waived. Fortunately, unlike the need to file a timely notice of appeal, record preservation is not jurisdictional. The four saddest words from the Court of Appeal are these: "Great argument not preserved." Alas, even the sharpest legal mind and best honed rhetoric cannot resurrect a terrific argument that was not properly preserved for appellate review. you disagree that you received an overpayment we wrote to you about.Ī more complete list of decisions you can appeal appears on the Form SSA-561, Request for Reconsideration.PRESERVING THE RECORD FOR APPEAL: TOP TEN MISTAKES.your disability application was denied because you did not work long enough or.you were denied another type of benefit, such as retirement or spouse's.Some examples of "non-medical" decisions are: If you do not wish to appeal a "non-medical" decision online, you can use the Form SSA-561, Request for Reconsideration. You may request an appeal online for a "non-medical" decision. If You Disagree With A Non-Medical Decision Form SSA-827, Authorization to Disclose Information to the Social Security Administration.Form SSA-3441, Disability Report - Appeal, and.If you do not wish to appeal a medical decision online, you can use the Form SSA-561, Request for Reconsideration. If you applied for Social Security or Supplemental Security Income (SSI) disability benefits and were denied for medical reasons, you may request an appeal online. If you do not agree with our decision, you can appeal-that is, ask us to look at your case again. When we make a decision on your claim, we send you a letter explaining our decision.
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