PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Burdens of Production
.........Movant’s Burden
 15 Cards On This Topic:
  • SJ should be granted if no triable issue of material fact exists and moving party entitled to judgment as matter of law.
  • Triable issue of fact as to whether underage D is liable for selling alcohol to an obviously intoxicated M where D provided alcohol and charged admission fees to a party.
  • Ct. may grant SJ only when moving party establishes there is no issue of fact to be tried.
  • Summary judgment improperly granted on Fair Employment and Housing Act claims where defendant did not establish that plaintiff's obesity didn't have a physiological cause.
  • Upon defendant's motion for summary judgment, mere assertion unsupported by legal authority or evidence was insufficient to show no triable issue of material fact; burden of production improperly shifted to plaintiff.
  • Lack of opposition to SJ motion was improper ground upon which to grant SJ in absence of finding moving party met initial burden of proof.
  • SJ for employer reversed where evidence did not show no triable issues re meaning of implied agreement not to terminate except for good cause and whether there was "good cause" to do so.
  • SJ appropriate where P failed to show triable issues of fact as to whether Golden Gate Bridge Dist. established design immunity defense.
  • Moving party must establish right to judgment as matter of law.
  • Moving party must establish right to judgment as matter of law; SJ/SA motions must include supporting evidence establishing that party’s right to relief.
  • Burden on moving party to establish compliance with procedural requisites.
  • SJ improper where insufficiency of opposing party’s decls due to moving party’s refusal to disclose evidence.
  • Moving party must meet burden for SJ to be granted, regardless of whether opposing party has responded sufficiently or at all.
  • Burden of proof at trial irrelevant at SJ motion.
  • SA appropriate where Civ. Code §47 (d) accords absolute privilege to Microsoft’s paid newspaper announcement of its lawsuit's allegations against D.


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