Legal Question in Business Law in California

How to use Minute Order to draft a Formal Order. The Court denied opposing party's Motion for Summary Judgment and ordered me, as prevailing party, to draft the "Formal Order". The Minute Order is 11 pgs plus 3 pgs of the Tentative which was vacated. The Minute Order includes opposing arguments, case law, Court's finding on Standing, and arguments on 4 causes of action which show disputes of fact. Now, how to use the Minute Order to draft the "Formal Order"... I would pay for someone to review Minute Order and guide me on this. Thank you.

Asked on 7/19/13, 9:55 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

I've drafted those before. I'm out of your area, so you would have to be able to scan and send me the relevant minute order and other documents, via private e-mail.

Read more
7/19/13, 10:36 am
Robert F. Cohen Law Office of Robert F. Cohen
0 users found helpful
0 attorneys agreed

You might be able to keep it short and sweet, depending on the judge's take on how orders should be prepared.

The MSJ of XXX came on for hearing on [date]. YYY appeared for plaintiff. ZZZ appeared for defendant. Upon reviewing the moving papers and evidence presented in support, the opposition thereto and evidence in opposition, and the reply brief (if any), and hearing oral argument, and good cause appearing therefor, the Court finds that there exist triable issues of material fact. IT IS HEREBY ORDERED that the motion for summary judgment of [moving party] is hereby denied.

DATE: ___________________

Judge of the Superior Court

Read more
7/19/13, 10:45 am
Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

I'd agree with Mr. Cohen if this was some other kind of motion. But a motion for summary judgment is different. The Code of Civil Procedure requires the court, on denying a motion for summary judgment to specify the "triable issues" and to refer to the evidence showing the dispute. That specificity must be in the order. (Code Civ. Proc., sect. 437c, subd. (g).)

Read more
7/19/13, 11:18 am

Related Questions & Answers

More Business Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88283 active attorneys ready to answer your legal questions today.

Business Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now