PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Conclusory Assertions
13 Cards On This Topic:

Conclusionary assertions in affidavit do not give rise to triable factual issues.

Affidavits in support of SJ must contain evidentiary facts; insufficient if only ultimate facts and legal conclusions.

Conclusionary assertions in affidavit do not give rise to triable factual issues, even if no countershowing made.

Statement in declaration of someone else’s intent, as opposed to one’s own intent, mere conclusion of law; thus declaration incompetent as evidence.

Bare conclusion of law is not sufficient, even though uncontradicted, to support SJ motion nor to create triable issue of fact when filed in opposition.

In medical malpractice case re allowing death of fetus during delivery, D’s statement in affidavit supporting SJ that "fetus was stillborn" was conclusory.

Statement that stock issued pursuant to exemption from security regulation requirement is conclusion of law.

Declaration containing conclusions re matters not within declarant’s personal knowledge cannot support grant of SJ.

Statement in affidavit that parties were not acting in course or scope of employment is conclusion of law, and not sufficient to raise triable issue of fact.

Statement in affidavit that persons were acting as agents is conclusion of law, thus of no evidentiary value.

Allegation made on information and belief is not competent testimony, but mere opinion or conclusion.

Supporting decls and affidavits must set forth facts with particularity; conclusions of law and ultimate facts improper.

Statement that price is fair and adequate is not opinion of fair market value, but improper conclusion.