PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Declarations Incompetent
7 Cards On This Topic:

Decl. in which declarant’s opinion based on another’s depo testimony and case documents not competent evidence.

Medical malpractice P, relying on res ipsa loquitur, failed to raise triable issue of material fact that Ds were negligent, or caused her injuries; P's declaration failed to support her theories.

Conclusory statement that W has "personal knowledge" not sufficient by itself in most cases to constitute adequate evidence of competency to sign decl. or affidavit.

Decl. filed by attorney for party without showing personal knowledge or competence to testify is improper.

Where party not present when defamatory statements allegedly made, must present declarations competent to establish. Own declaration insufficient.

Admissions against interest may be incorporated by reference in SJ motion.

Decl. that does not set forth facts indicating how declarant had personal knowledge re manner in which contract entered does not satisfy competency requirement.