PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Conclusory Assertions
 15 Cards On This Topic:
  • Conclusionary assertions in affidavit do not give rise to triable factual issues.
  • Summary judgment properly granted where plaintiff's expert's declaration neither stated the basis for his opinion nor stated any facts or reasons to support it.
  • Upon plaintiff's motion for summary judgment, trial ct. properly excluded declaration of defendant's expert where it lacked adequate foundation and analysis, and made legal conclusions.
  • Affidavits in support of SJ must contain evidentiary facts; insufficient if only ultimate facts and legal conclusions.
  • Conclusionary assertions in affidavit do not give rise to triable factual issues, even if no countershowing made.
  • Statement in declaration of someone else’s intent, as opposed to one’s own intent, mere conclusion of law; thus declaration incompetent as evidence.
  • Bare conclusion of law is not sufficient, even though uncontradicted, to support SJ motion nor to create triable issue of fact when filed in opposition.
  • In medical malpractice case re allowing death of fetus during delivery, D’s statement in affidavit supporting SJ that "fetus was stillborn" was conclusory.
  • Statement that stock issued pursuant to exemption from security regulation requirement is conclusion of law.
  • Declaration containing conclusions re matters not within declarant’s personal knowledge cannot support grant of SJ.
  • Statement in affidavit that parties were not acting in course or scope of employment is conclusion of law, and not sufficient to raise triable issue of fact.
  • Statement in affidavit that persons were acting as agents is conclusion of law, thus of no evidentiary value.
  • Allegation made on information and belief is not competent testimony, but mere opinion or conclusion.
  • Supporting decls and affidavits must set forth facts with particularity; conclusions of law and ultimate facts improper.
  • Statement that price is fair and adequate is not opinion of fair market value, but improper conclusion.


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