Case 2:09-cv-03987 -DSF-MAN Document 100 Filed
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA
Courts may grant summary judgment in a party's favor "upon all
aparty's claim. Fed. R. Civ. P. 56(a) (emphasis added). The standard and procedures for amotion for partial summary judgment are the same as for summary judgment
a claim.See Delta Sav. Bank
United States, 265 F.3d 1017,
(9th Cir. 2001).Summary judgment shall be granted where "the pleadings, the discovery anddisclosure materials on file, and any affidavits show that there is no genuine issue astoany material fact and that the movant is entitled to judgment as a matter
Fed. R.Civ. P. 56(c). The moving party has the burden
demonstrating the absence
ct for trial. Anderson
Liberty Lobbv, Inc., 477 U.S.
he moving party satisfies this burden, the party opposing the motion must setforth specific facts, through affidavits or admissible discovery materials, showing thatthere exists a genuine issue for trial. rd. at 323-24; Fed, R. Civ.
56(e). A non-movingparty who bears the burden
proof at trial as to an element essential to its case mustmake a showing sufficient to establish a genuine dispute
fact with respect to theexistence
subject to summary judgment. See Celotex
477 U.S. at 322.The "mere existence
alleged factual dispute between the parties
notdefeat an otherwise properly supported summary judgment motion; the requirement isthat there be no
fact," Anderson, 477 U.S. at 247-48.
fact is a genuine issue
it reasonably can be resolved in favor
either party.Anderson, 477 U.S.
250-51. "[M]ere disagreement
the bald assertion that a genuineissue
material fact exists" does not preclude summary judgment. See Harper v.Wallingford, 877 F.2d 728,
(9th Cir. 1989). Moreover, "legal memoranda and oralargument are not evidence, and they cannot by themselves ereate a factual disputesufficient to defeat a summary judgment motion where no dispute otherwise exists."British Airways Bd.
Boeing Co., 585 F.2d 946, 952 (9th Cir. 1978), cert denied, 440U.S.
(1979). "The mere existence
evidence in support
he [nonmovant's] position will be insufficient; there must
evidence on which the jury
could find by a preponderance
he evidence that the [non-movant] is entitled to averdict
Anderson, 477 U.S. at 252. "Only disputes over facts that might affect theoutcome
the suit under the governing law will properly preclude the entry
summaryjudgment." Id. at 248."[AJ district court is not entitled to weigh the evidence and resolve disputedunderlying factual issues." Chevron
Pennzoil Co., 974 F.2d 1156,
(9th Cir.1992). Rather, "the inferences to be drawn from the underlying facts
must be viewedin the light most favorable to the party opposing the motion." United States
Diebold,Inc., 369 U.S. 654, 655 (1962).
CIVIL MINUTES· GENERAL'