PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Admissible Evidence
5 Cards On This Topic:

Summary judgment statute requires that declarations and affidavits set forth admissible evidence.

When a court determines an expert opinion is inadmissible because expert disclosure requirements were not met, upon objection the opinion must be excluded from consideration at SJ.

Even if Ps' expert declaration inadmissible, Ds not entitled to SJ as their expert declaration not sufficient to establish facts from which reasonable trier of fact would find they acted w/in standard of care.

Settlement agreement on which SJ for Ds based was admissible under EC 1123 exception to mediation confidentiality and not rendered unenforceable by not having been signed personally by each of parties.

Hearsay discussed.