Motion for Summary Judgment/Partial Summary Judgment in New Mexico

Background

“Summary judgment is properly granted in a case when no genuine issues of material fact are presented and the moving party is entitled to judgment as a matter of law.” (State ex rel. Regents of New Mexico State University v. Siplast, Inc. (1994) 117 N.M. 738, 740 citing SCRA 1986, 1-056(C) [Repl. Pamp. 1992]; New Mexico Physicians Mut. Liab. Co. v. LaMure (1993) 116 N.M. 92, 100.)

“If the facts are undisputed and only a legal interpretation of the facts remains, summary judgment may be properly granted.” (Koenig v. Perez (1986) 104 N.M. 664, 665.)

General Information for Complaints and Motions

“The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (City of Albuquerque v. SMP Props., LLC. (2018) 433 P.3d 336, 341 citing Santa Fe Pac. Tr., Inc. v. City of Albuquerque [SFPT], 2014-NMCA-093, ¶ 16, 335 P.3d 232.)

“Summary judgment is foreclosed either when the record discloses the existence of a genuine controversy concerning a material issue of fact, or when the district court granted summary judgment based upon an error of law.” (City of Albuquerque v. SMP Props., LLC. (2018) 433 P.3d 336, 341 citing Vives v. Verzino, 2009-NMCA-083, ¶ 7, 146 N.M. 673, 213 P.3d 823.)

“New Mexico courts ‘view summary judgment with disfavor, preferring a trial on the merits.’” (City of Albuquerque v. SMP Props., LLC. (2018) 433 P.3d 336, 341 citing Little v. Baigas, 2017-NMCA-027, ¶ 6, 390 P.3d 201; see Blauwkamp v. Univ. of N.M. Hosp., 1992-NMCA-048, ¶ 10, 114 N.M. 228, 836 P.2d 1249 [“Summary judgment is a drastic remedial tool which demands the exercise of caution in its application.”])

Standard of Review and Burdens of Proof

“On appeal from the grant of summary judgment, [the Court of Appeals will] ordinarily review the whole record in the light most favorable to the party opposing summary judgment to determine if there is any evidence that places a genuine issue of material fact in dispute.” (Valdez-Barela v. Corr. Corp. of Am., No. A-1-CA-37384, at *2 [N.M. Ct. App. July 16, 2019] citing City of Albuquerque v. BPLW Architects & Eng'rs, Inc., 2009-NMCA-081, ¶ 7, 146 N.M. 717.)

“However, if no material issues of fact are in dispute and an appeal presents only a question of law, [the court will]apply de novo review and [is] not required to view the appeal in the light most favorable to the party opposing summary judgment.” (Id.)

The Court’s Decision

“The party moving for summary judgment ‘need only make a prima facie showing that [it] is entitled to summary judgment.’” (U.S. Bank v. Anderson, No. A-1-CA-38339, at *1 [N.M. Ct. App. Nov. 30, 2022] quoting PNC Mortg. v. Romero, 2016-NMCA-064, ¶ 17, 377 P.3d 461.)

“Upon the movant making a prima facie showing, the burden shifts to the party opposing the motion to demonstrate the existence of specific evidentiary facts which would require trial on the merits.” (Id.)