New amendments affecting motions for summary adjudication

Without much fanfare, Code of Civil Procedure section 437c was amended effective January 1, 2012.  Prior to these new amendments, a motion for summary adjudication was limited to eliminating causes of action, affirmative defenses, claims for damages, such as punitive damages, and issues of duty.  The primary question in such motions was whether it completely disposed of a cause of action, affirmative defense, or issue of duty. (Code Civ. Proc., § 437c(f).)
            Now attorneys may seek summary adjudication on a legal issue or claim for damages that is not dispositive, especially if it will promote settlement or streamline the trial.   Unfortunately, the new procedure requires cooperation between the attorneys.  First, the motion may be brought only upon stipulation of the parties whose claims or defenses are put at issue and a prior determination and order of the court that the motion "will further the interests of judicial economy, by reducing the time to be consumed in trial, or significantly increase the ability of the parties to resolve the case by settlement."  (Code Civ. Proc., § 437c(s).)
            Before the motion can be filed, the parties are required to submit a joint stipulation to the trial court that clearly sets forth the issue or issues to be adjudicated with a declaration from each stipulating party that the motion will serve the goals noted above.  The trial court is then required to advise the parties whether the motion may be filed, unless the court extends the time for good cause.  If the court declines permission to proceed, the parties may request and the court is required to conduct an informal conference to further evaluate the stipulation, but no new papers may be filed.
            The motion has specific language that must be included in the notice of motion.  (Code Civ. Proc., § 437c(s)(4).  The joint stipulation must be served on all parties to the action, and a nonstipulating party may object within 10 days.  (Code Civ. Proc., § 437c(s)(6).
            I have not heard of anyone using this new procedure but I have read a few comments on it.  Here are my thoughts:
            1.  Bringing the motion does require some cooperation between the attorneys and more work to get the motion filed.  Getting opposing attorneys to do anything "jointly" is difficult in many cases, although with cooperation, the attorneys can agree that a decision on an important issue may promote settlement negotiations.
            2.  Plaintiff's attorneys usually try to avoid the dreaded (and predicted) motion for summary judgment.  Instead, they put their efforts into finding triable issues so the case can be heard by a jury.  This is especially true if they are working on a contingency basis.  Defense attorneys would love to carve off a bit here and there of a plaintiff's case.  For them, these motions are billable events.  Essentially, the motion allows for a mini-court trial and plaintiff's attorneys may prefer to a jury trial on all claims.
            3.  The procedure would seem to avoid a potential motion in limine down the road and closer to trial.  While appellate courts chastise parties and trial courts for using motions in limine as a replacement for motions for summary judgment and adjudication, they are often used in this manner.  One benefit in using this new procedure is that you get a ruling long before trial and it may help with trial preparation or settlement negotiations.
            These new amendments are not permanent, but will be repealed on January 1 2015 unless a later enacted statute deletes or extends that date.  (Code Civ. Proc., § 437c(u).)