PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
........."Material Issue" Defined
 13 Cards On This Topic:
  • SJ properly granted on plaintiff's negligence claim where defendant owed her no duty of care nor was vicariously liable for her injuries.
  • Plaintiffs' failure to recall does not logically contradict evidence put forth by moving defendants and is insufficient to demonstrate the existence of a triable issue of fact.
  • When FEHA forbids discrimination based on a disability, it also forbids discrimination based on a person's association with another who has a disability.
  • SJ for fitness center reversed where Ps raised triable issues of material fact as to whether center's conduct re preventative maintenance on the machine on which P was injured was grossly negligent.
  • Hospital did not absolve itself of liability when a woman, writhing in pain, signed a boilerplate admissions form disclaiming the agency of the treating ER physician who treated her.
  • SA for insurer was error where recovery for lost rent under policy did not require owner have an existing tenant, and triable issues existed as to whether property would have been rented but for vandalism damage.
  • While disclosure of details of lawsuit alleging property defects need not be disclosed, seller must disclose existence of lawsuit—triable issue remained as to whether prior litigation was a material fact to be disclosed.
  • Triable issues of fact existed as to whether attorney continued to represent P during time he failed to communicate with P, tolling limitations period, and whether 'continuing representation' period was sufficient to make action timely.
  • Material issue defined by reference to allegations of complaint.
  • In wrongful discharge, P failed to show connection b/t presence or absence of oral warnings and discharge; as no factual foundation, P did not raise material factual issue.
  • Factual showing supporting SJ motion must be sufficient to entitle moving party to judgment.
  • Parties’ representation that there is no material issue of fact to be tried not binding on ct.
  • SJ denied if opposing party presents any facts which give rise to triable material issue; facts material to lawsuit and could change result one way or the other.


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