PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Personal Knowledge
 15 Cards On This Topic:
  • Summary judgment statute requires that declarations or affidavits be made by person "on personal knowledge."
  • Decl. must be based on personal knowledge of declarant in order to be utilized in summary judgment litigation; applies even if adverse part makes no countershowing.
  • Test of sufficiency of affidavit is whether affiant can be charged with perjury if his/her affidavit is false.
  • Declarant need not recite conclusion that he can competently testify, but that the alleged facts showing his competence.
  • Witness competent to testify that act occurred, based on his/her knowledge that performance is part of invariable, lengthy business custom, as if performance of act is w/in W’s knowledge.
  • Attorney’s affidavit in support of summary judgment sufficient where he attached pleadings of prior case in which he also represented moving party, even though he failed to allege personal knowledge.
  • Decl. must be based on personal knowledge of declarant in order to be utilized in SJ litigation.
  • Decl. must be based on personal knowledge of declarant in order to be utilized in SJ litigation; applies even if adverse part makes no countershowing.
  • Decl. made "to best of my knowledge" implies something akin to information and belief and falls short of personal knowledge required by Code Civ. Proc. §437c.
  • Decl. filed in connection with SJ motion must be based on personal knowledge of declarant; use of phrase "to the best of my knowledge" insufficient.
  • Atty’s decl. which attempts to set forth facts relative to underlying dispute between parties must be carefully scrutinized to ensure statements premised on personal knowledge.
  • Decl. containing conclusions re matters not within declarant’s personal knowledge cannot support granting of summary judgment.
  • Mere belief that defamation was uttered is not personal knowledge.
  • Discussion of hearsay.
  • Discussion of improper conclusions ("conclusory assertions.")


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