PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Supporting Evidence
.........Admissions
 28 Cards On This Topic:
  • Ct. may allow amendment of any pleading or proceeding to correct mistake.
  • Admissions admissible in SJ proceedings and receive type of deference not normally accorded evidentiary allegations in affidavits.
  • Admissions receive a kind of deference not normally accorded evidentiary allegations in affidavits.
  • Grant of SJ reversed where trial court took an overly expansive view of D'Amico and an unduly myopic view of the entire record before it in basing decision on discovery admissions only.
  • SJ based entirely on erroneous order of deemed admissions requires reversal.
  • Party admissions receive unusual deference in SJ proceeding and are binding unless credible explanation for inconsistent positions taken.
  • When issue exists as to whether admission was made in error, triable issue of fact exists and summary judgment should not be granted.
  • When uncontradicted facts obtained through discovery can be properly interpreted in only one way, SJ proper.
  • Party may rely on admissions in pleadings from prior action.
  • Admissions against interest have high credibility value, particularly when made in context of proceedings designed to elicit the facts.
  • Admissions in depo testimony cannot be contradicted in affidavits.
  • SJ should not be based on tacit admissions or fragmentary or equivocal concessions, which are contradicted by other credible evidence.
  • Admissions in depo testimony cannot be contradicted.
  • Nonmoving SJ party’s admissions may be used to determine no factual issues remain.
  • Party admissions have very high credibility, esp. when obtained not in the normal course of human affairs but in context of established pretrial procedure whose purpose is to elicit facts.
  • If P makes conflicting statements in complaint and counter-declaration to SJ motion, D can rely upon admission(s) in complaint.
  • In addition to own decl., party moving for summary judgment may rely on allegation of complaint; no need that decl repeat matters already asserted in complaint.
  • If contradictory allegations made in verified responsive pleading, ct. may find conclusive judicial admission of fact.
  • Admissions against interest may be incorporated by reference in SJ motion.
  • No need for affidavits if papers supported by incorporation by reference of administrative record.
  • Moving party may rely upon superseded pleadings containing admissions previously filed by opposing party.
  • No need for affiant to attest to truth of opposing party’s admissions.
  • When denial based on lack of information or belief is to matters within D’s knowledge, it is in effect an admission of truth of allegation in complaint.
  • Admissions are conclusive concession of truth thereof.
  • If answer fails to deny allegation appearing in complaint, not necessary that P moving for SJ reassert those facts in decl.
  • Initial interrog and depo answers are admissions despite later changes; ct. may treat answers as binding where failure to correctly answer prejudiced other party.
  • Exception to rule that depo admissions may not be contradicted where contradiction explained and record indicates no factual dispute re subject of contradiction.
  • Stipulations admissible as admissions in SJ motions.


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