PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Burdens of Production
.........P as Moving Party
............Damages
3 Cards On This Topic:
  • P’s SJ cannot stand where issue of actual damages raised and presented triable issue.
  • P’s affidavits lacked evidentiary facts re value of retained property, preventing SJ being granted in their favor on damages issue.
  • Summary judgment not available to resolve punitive damage claims.