PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Credibility as Factor
6 Cards On This Topic:

If party otherwise entitled to SJ, shall not be denied on grounds of credibility of witnesses furnishing affidavits or decls supporting SJ; exceptions.

Defendant-employer's motion for summary judgment properly granted where motion could not be denied solely on the basis of the credibility of defendant's primary witness.

Although ct. could have refused to accept assertions by D and D’s witness re respective states of mind on D’s motion for SJ, ct. not required to do so.

Ct. has discretion to deny SJ on grounds of credibility when only proof of material fact offered in support is affidavit or decl. made by sole witness to such fact.

Credibility issue ignored and discretionary power to deny SJ did not apply where proof of all material facts offered by decls of 2 witnesses.

In PI case, even if P destroyed credibility of D’s witnesses at trial, he could not prevail against SJ without evidence to connect D corp. with vehicle that struck him.