PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Affidavits Construed Liberally
6 Cards On This Topic:

In construing opposing party’s evidence liberally and movant’s strictly, SJ based on CL rule re landowner’s duty to remedy natural conditions reversed.

Court must strictly scrutinize moving party’s papers and liberally construe those of opposing party.

Opposing party’s declarations liberally construed; doubts as to material, triable issues resolved in favor of responding party.

Affidavits of party opposing summary judgment motion liberally construed.

Statement whose credibility destroyed by prior admissions/other conclusive evidence, though set forth in opposing decl., is not substantial evidence of triable issue.

Moving party D denied SJ where D failed to carry burden and ct. liberally construed P’s evidence, finding material issues of fact to be tried.