PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Declarations Defective
7 Cards On This Topic:
  • Decl. inadmissible for failure to comply with Code Civ. Proc. §2015.5 reqs.
  • Even if Ps' expert declaration inadmissible, Ds not entitled to SJ as their expert declaration not sufficient to establish facts from which reasonable trier of fact would find they acted w/in standard of care.
  • Memorandum of counsel not made under penalty of perjury may not serve as decl.
  • Decl. deficient in form and substance required partial SJ reversal.
  • Declaration deficient for failing to specify where executed and setting forth only conclusions and opinions.
  • Memorandum of points and authorities not substitute for affidavit or declaration in summary judgment proceeding.
  • Affidavit stating affiant intends to present issue does not present triable issue of fact.