PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Hearing on Motion
17 Cards On This Topic:

SJ properly denied by the trial ct. because a university has a special relationship with its students and a duty to protect them from foreseeable violence during curricular activities.

In age discrimination case, stray remarks doctrine unnecessary and might lead to unfair results—remarks should not be viewed in isolation, but considered with all the evidence in the record.

As entry of SJ on 185th day after notice of forfeiture mailed instead of 186th did not deprive court of jurisdiction over subject matter or personal jurisdiction, premature entry of SJ was voidable.

Summary judgment properly granted to defendant city in trip and fall case based upon the rule of "look where you are going."

Summary judgment properly granted where homeowners were in the business of renting their property for several years, and insurance policy contained a coverage exclusion for business pursuits or rental of the property.

Collateral attack on voidable but final SJ not available absent unusual circumstances that precluded earlier challenge.

Summary judgment properly granted where plaintiff could not establish a breach of duty or negligence per se.

Error to grant summary judgment to defendants on plaintiff's employment discrimination claim where discriminatory acts were not carried out by employer, but employer's supervisor.

Summary judgment improperly granted where animal rights activists had a state constitutional right to protest in the exterior and unticketed areas of a privately owned amusement park zoned as quasi-public land.

Summary judgment was improper where music publishing agreement was reasonably susceptible to plaintiffs' interpretation they were owed public performance royalties derived from their songs.

Trial ct. erred in granting SA as it relied on the wrong legal standard in finding merger doctrine extinguished sellers' contractual duty to disclose geotechnical reports known by them discussing possible hazardous seismic conditions on the property.

Trial ct. erred in finding vacancy exclusion in P's policy for "vandalism or malicious mischief" applied to fire damage caused by transient's warming fire as policy did not include fire under vacancy exclusion.

Nonfinal judgment of 1st degree murder, not rebutted by any evidence D did not feloniously and intentionally murder wife, was sufficient evidence to warrant granting SJ motion of estate Administrator.

Superior court erred in refusing to provide parties an opportunity to appear and present argument at oral hearing before ruling on Ds' summary judgment motion.

Court erred in issuing ruling on State Farm’s motion for SJ without permitting oral argument; "hearing" in Code Civ. Proc. §437c requires opportunity for oral argument.

Code Civ. Proc. §437c, as now drafted, requires oral argument on SJ motions.

Testimony from crim. trial inadmissible to support SJ motion in civil case when testimony subject to Evid. Code §1292 objection and declarant not unavailable.