PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Burdens of Production
.........P as Moving Party
............Shift of Burden
5 Cards On This Topic:

If plaintiff meets burden of production, shifts to D to show triable issue of one or more material facts exists as to cause of action or defense.

SJ for garment seller affirmed where D failed to establish a triable issue on contract claims and "time is of the essence" language of the Agreement was clear, and its plain terms controlled.

As it was error to grant gun manufacturer and seller SJ re C/As for design defect and breach of implied warranty, order granting their motion against wife on loss of consortium claim reversed.

Trial court erred in granting SJ for P where Ds raised triable issues of fact as to defense of rescission based on mutual mistake of law or fact.

SJ for State Dept. of Labor reversed where trial ct. erred in determining collective bargaining exemption within labor regulation wage order did not apply to collective bargaining agreement at issue.