PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Competency Required
4 Cards On This Topic:
  • Summary judgment statute requires that decl. show affirmatively that affiant is competent to testify to matters stated therein.
  • Conclusory declaration insufficient.
  • Requirement of Code Civ. Proc. §437c (d) is not that declarant recite conclusion that he can competently testify but that he allege facts showing his competence.
  • Discussion of competency requirement.