PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........State of Mind of Sole Witness
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Ct. has discretion to deny SJ where only proof of material fact offered in support of SJ is affidavit of sole witness or the material fact goes to individual’s state of mind.

Court may disbelieve party's declaration as to whether a transfer was a gift or loan, and deny SJ, when that fact is sought to be established solely by the individual's affirmation thereof.

Code Civ. Proc. §437c (e) inapplicable.

Code Civ. Proc. §437c (e) does not permit reweighing of evidence.

Code Civ. Proc. §437c (e) involves exercise of judicial discretion.

Ct. properly rejected D’s SJ claim of reasonable exercise of discretion resting only on his self-serving decl. describing his mental process in reaching conclusion.

Although ct. could have refused to accept assertions by D and D’s witness re respective states of mind, on D’s motion for summary judgment ct. not required to do so.

Ct. has discretion to grant or deny SJ where material fact is person’s state of mind and fact sought to be proven solely by his/her decl.

Although E was sole witness, ct. did not abuse discretion in refusing to reject his decls based on lack of credibility.

SJ within ct.'s discretion even when based on decl. of sole witness.