PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Inferences
7 Cards On This Topic:
  • When ruling on SJ, ct. may consider uncontradicted inferences reasonably drawn from evidence; exception.
  • Summary judgment erroneously granted where court ignored circumstantial evidence that created a genuine issue of material fact.
  • Landlords had duty to take reasonable steps to protect tenant from another tenant known to have made verbal and physical assaults on her; SJ reversed as triable issues of fact existed re breach of duty of care, and causation.
  • Landlord’s false exculpatory statements denying knowledge of Rottweilers presence on his property sufficient to infer guilty conscience as to knowledge of dogs’ viciousness.
  • Evidence of movant for summary judgment must leave no room for conflicting inferences as to material facts.
  • Where reliance placed on inferences, inferences must be reasonably inducible from evidence, not derived from speculation, conjecture, imagination or guess work.
  • Inferences to be drawn from evidence filed on behalf of moving party may not be sufficient to create a triable issue.