§ 1437f

Citation: § 1437f
Parent Document: Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-30
Original Source: https://www.courtlistener.com/opinion/3158630/nozzi-v-housing-authority/ ↗

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“We have long recognized that, where the party moving
for summary judgment has had a full and fair opportunity to
prove its case, but has not succeeded in doing so, a court [of
appeal] may enter summary judgment sua sponte for the
nonmoving party.” Albino v. Baca, 747 F.3d 1162, 1176 (9th
Cir. 2014) (en banc); see also Gospel Missions of Am. v. City
of L.A., 328 F.3d 548, 553 (9th Cir. 2003) (“Even when there
has been no cross-motion for summary judgment, a district
court may enter summary judgment sua sponte against a
moving party if the losing party has had a ‘full and fair
opportunity to ventilate the issues involved in the matter.’”
38                    NOZZI V. HACLA

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