PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Burdens of Production
.........Generally
 18 Cards On This Topic:
  • Burdens of proof in summary judgment and summary adjudication.
  • Burden of proof defined.
  • Burden of producing evidence defined.
  • Primary assumption of risk applies to noncontact sports; whether D recklessly breached limited duty of care in hitting P with golf ball depended on disputed material facts, and SJ for D properly denied.
  • Trial court erred in granting SJ to insurer where triable issues of fact existed as to whether, before rejecting P's UIM claim, insurer thoroughly investigated and fairly evaluated it.
  • SA for defendant City and officer reversed where material issues remained as to P's alleged civil rights abuses in the preparation and use of false "ruse report" at prelim. hearing.
  • Discussion of burdens of proof in summary judgment motions and requirements for shifting burden.
  • Trial ct. erred in finding potholes over which P tripped and fell constituted trivial defect as a matter of law—question whether holes constituted dangerous condition presented triable factual issue.
  • Rider's "release" did not clearly inform ordinary person untrained in law that it would exempt Stable from liability for its own negligence; SJ for Stable reversed where not supported by primary assumption of risk.
  • SJ properly granted homeowners who owned pool where 2-yr.-old nephew drowned where mother, who was watching child, could establish neither homeowners' duty of supervision nor causation.
  • SJ for D affirmed where pollution exclusion in D's policies barred coverage for liability for offensive and injurious odors emanating from P's compost facility and spreading over a mile.
  • SJ cannot be based on photos where reviewing court concludes reasonable minds might differ as to whether they correctly show alleged defect and environs or whether they conclusively establish defect was open and obvious.
  • Cross-D seeking SA need only disprove cross-complaint.
  • Cross motions do not change SJ burden of proof.
  • Adverse party in SJ may not rest on mere allegations or denials of other’s pleadings; must set forth specific facts showing genuine issue for trial.
  • Adverse party in SJ may not rest on mere allegations or denials of other’s pleadings; must set forth specific facts showing genuine issue for trial.
  • 1993 amendments to Code Civ. Proc. §437c adopted burden-shifting characteristics of federal law for California summary judgment motions.
  • SJ affirmed where Ds did not owe duty to warn or prevent harm to P under rule of Alcaraz v. Vece; P did not meet burden of demonstrating triable issues of material fact.


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