PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Counteraffidavits
9 Cards On This Topic:

Failure to file counterdeclaration cannot create triable issue of fact merely by allegations of complaint, thus summary judgment proper.

Failure to provide counteraffidavits results in grant of SJ if moving party presents all material facts necessary to support a judgment in its favor.

If counteraffidavit not filed, ct. must assume opposing party either cannot dispute truth of movant’s affidavits or cannot controvert them; SJ granted if certain requirements met.

D’s failure to file counteraffidavit cannot create triable issue of fact; answer may be stricken and judgment entered in accord with uncontroverted allegations of P’s affidavits.

Opposition decls and affidavits must set forth facts with particularity; need not be composed wholly of evidentiary facts and may state conclusions of law and ultimate facts.

Rule of liberal construction for opposition papers never stretched so far as to hold that triable issue of fact created by decl. containing no evidentiary facts at all.

Affidavits of party opposing SJ motion liberally construed.

Party opposing SJ may use SDT premised on affidavit summarizing docs in movant’s possession, but s/he may not use SDT to adduce all movant’s records regardless of materiality.

Statement credibility destroyed by prior admissions or other conclusive evid.—even if set forth in opposing decl.—is not substantial evidence of existence of triable issue.