PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Burdens of Production
.........P as Moving Party
............Prove Each Element/No Defense
 16 Cards On This Topic:
  • Because Ps bear ultimate burden of proof on causation, D had only to point to absence of a genuine issue of material fact; D not required to produce any evidence at all.
  • Rights of religious freedom and free speech don't exempt doctors from complying with Unruh Civil Rights Act prohibition against discrimination based on sexual orientation; SA proper on right to free exercise of religion as affirmative defense.
  • Trial court erred in granting SA for P on employer's affirmative defenses pertaining to its nearest-tenth punch in/out rounding policy and related grace period.
  • Based on lengthy investigation of store's MJ and drug sales, People met initial burden of producing admissible evidence establishing elements of all C/As and store owner did not show triable issue of material fact existed or that he had any defense.
  • As material issue of fact existed as to issue of mutual mistake of fact regarding insurance policy and issue not waived, SJ reversed.
  • Administrative abatement action order issued per city ordinance was preempted by state hazardous substance act.
  • Triable issue of fact existed as to possibility of insurance coverage triggering duty to defend Ps based on allegations in underlying complaint.
  • Fatal injuries suffered during a fight with an uninsured motorist while exchanging information after accident not covered under UM provisions of deceased's insurance policy as injuries did not arise out of use of uninsured vehicle.
  • Trial court did not err in finding ins. co. proved no possibility of coverage, and no duty to defend where insured's son was driving and policy had exclusion for coverage of drivers other than the insured.
  • In malpractice action against attorney for frivolous appeal, court erred in granting SJ where P did not meet his burden to show no defense and burden did not shift to attorney; res judicata and collateral estoppel inapplicable.
  • Developer entitled to insurance defense to entire construction defects action under insured endorsements of subcontractors’ policies.
  • SJ proper where mother did not present triable issue of fact that County or employees breached statutory direct or derivative duties to child placed in foster home, then murdered at local school.
  • AB 2616 abrogated requirement that moving P disprove each of responding D’s affirmative defenses.
  • Moving party P failed to show exclusions to coverage in its insurance policies barred coverage for claims against insured Ds as matter of law, thus SJ not justified.
  • If P moves for SJ, it is her/his obligation to prove all claims listed in complaint.
  • P’s affidavit must furnish factual support covering every element required to establish cause of action.


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