PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Hearing on Motion
10 Cards On This Topic:

In age discrimination case, stray remarks doctrine unnecessary and might lead to unfair results—remarks should not be viewed in isolation, but considered with all the evidence in the record.

As entry of SJ on 185th day after notice of forfeiture mailed instead of 186th did not deprive court of jurisdiction over subject matter or personal jurisdiction, premature entry of SJ was voidable.

Collateral attack on voidable but final SJ not available absent unusual circumstances that precluded earlier challenge.

Trial ct. erred in granting SA as it relied on the wrong legal standard in finding merger doctrine extinguished sellers' contractual duty to disclose geotechnical reports known by them discussing possible hazardous seismic conditions on the property.

Trial ct. erred in finding vacancy exclusion in P's policy for "vandalism or malicious mischief" applied to fire damage caused by transient's warming fire as policy did not include fire under vacancy exclusion.

Nonfinal judgment of 1st degree murder, not rebutted by any evidence D did not feloniously and intentionally murder wife, was sufficient evidence to warrant granting SJ motion of estate Administrator.

Superior court erred in refusing to provide parties an opportunity to appear and present argument at oral hearing before ruling on Ds' summary judgment motion.

Court erred in issuing ruling on State Farm’s motion for SJ without permitting oral argument; "hearing" in Code Civ. Proc. §437c requires opportunity for oral argument.

Code Civ. Proc. §437c, as now drafted, requires oral argument on SJ motions.

Testimony from crim. trial inadmissible to support SJ motion in civil case when testimony subject to Evid. Code §1292 objection and declarant not unavailable.