PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Pleadings: Reliance on
7 Cards On This Topic:

D who does not file counteraffidavit cannot create triable issue of fact merely by relying on allegations or denials of verified answer.

Party cannot rely on allegations of own pleadings, even if verified, to make or supplement evidentiary showing required in summary judgment context.

Reliance on own pleading improper.

P opposing SJ motion who does not file counterdeclaration cannot create triable issue of fact merely by allegations of complaint.

P opposing SJ motion cannot rely on allegations in verified complaint.

Affidavit that merely repeats general allegations of pleading is useless.

Decls in support of or opposition to SJ motion merely repeating general allegations of complaint or answer are not proper evidence.