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

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.

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Answered on 7/19/13, 10:36 am

Robert F. Cohen Law Office of Robert F. Cohen

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

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Answered on 7/19/13, 10:45 am
Anthony Roach Law Office of Anthony A. Roach

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).)

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Answered on 7/19/13, 11:18 am

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