PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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Ruling on Motion
.........Inferences
6 Cards On This Topic:
When ruling on SJ, ct. may consider uncontradicted inferences reasonably drawn from evidence; exception.
Landlords had duty to take reasonable steps to protect tenant from another tenant known to have made verbal and physical assaults on her; SJ reversed as triable issues of fact existed re breach of duty of care, and causation.
Landlord’s false exculpatory statements denying knowledge of Rottweilers presence on his property sufficient to infer guilty conscience as to knowledge of dogs’ viciousness.
Evidence of movant for summary judgment must leave no room for conflicting inferences as to material facts.
Where reliance placed on inferences, inferences must be reasonably inducible from evidence, not derived from speculation, conjecture, imagination or guess work.
Inferences to be drawn from evidence filed on behalf of moving party may not be sufficient to create a triable issue.