PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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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.