PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........Cases pro Responding Party
7 Cards On This Topic:

Plaintiff’s burden.

SA for owners reversed where they provided no evidence that neighbors could not satisfy an element of their prescriptive easement claim, and because owners did not establish a valid affirmative defense.

Employee required to use own car going to and from work was acting w/in scope of her employment when she deviated to go to a frozen yogurt shop and collided with motorcyclist; SJ for employer reversed.

"Germ of a potential action" detected in Ds’ decls justified reversal of SJ for P.

Before D’s SJ motion can be granted, it must clearly appear that the action is without merit, and every reasonable doubt must be resolved in favor of complaint.

Under Fed. law also must view evidence in the light most favorable to nonmoving party.

Release & waiver clause in fitness club membership agreement invalid under H&SC 1668 as to negligence per se; against public policy to exempt party from liability based on violation of law and error to grant club's SJ motion.