ONCALL
...PreTrial Adjudication
......Summary Judgment & Summary Adjudication
22 Cards On This Topic:

Upon plaintiff's motion for summary judgment, trial ct. properly excluded declaration of defendant's expert where it lacked adequate foundation and analysis, and made legal conclusions.

SJ properly granted to defendant-county sheriff where plaintiff was estopped from arguing defendant failed to give her warning that her claim was untimely.

Trial ct. properly excluded expert declarations attached to plaintiffs' opposition to defendant's motion for summary judgment where declarations only provided ultimate conclusions of law.

Expert declaration that was conclusory and devoid of facts could not support trial ct.'s grant of summary judgment.

Summary judgment reversed where opposing party made a prima facie showing of material fact.

Cause of action against accountant for failure to purchase insurance with a policy limit as specified did not accrue when plaintiffs discovered mistake, but when plaintiffs received the lesser insurance benefit.

Summary judgment properly granted where plaintiffs were on inquiry notice of their claims more than three years before their complaint was filed; inquiry notice does not require knowledge of all facts necessary to articulate the wrong.

SJ properly denied by the trial ct. because a university has a special relationship with its students and a duty to protect them from foreseeable violence during curricular activities.

Summary judgment improperly granted where reasonableness of plaintiff's actions in premises liability action is generally a question of fact for the jury.

Summary judgment erroneously granted when depositor may maintain an action for conversion against his bank.

On appeal, grant of summary judgment will not be affirmed on the basis of procedural defects concerning nonmovant's response to separate statement of undisputed facts where trial ct. reached the merits of the motion.

Summary judgment properly granted as to P's PAGA claims where P's PAGA notice only gave notice of P's claims and failed to include any notice of potential claims of similarly situated employees.

Summary judgment erroneously granted where court ignored circumstantial evidence that created a genuine issue of material fact.

Summary judgment improperly granted on Fair Employment and Housing Act claims where defendant did not establish that plaintiff's obesity didn't have a physiological cause.

Statute of limitations on plaintiffs' claims began to run when damages were ascertainable, even if future events might affect their amount or permanency.

Abuse of discretion to deny plaintiff's continuance request on summary judgment motion where court capriciously gave plaintiff short shrift, and circumstances meriting continuance not plaintiff's fault.

Defendant entitled to summary judgment on res judicata grounds where plaintiffs' prior decided workers' compensation claims addressed the same primary rights as their Fair Employment and Housing Act claims.

Grant of defendant's motion for summary judgment on plaintiff's fraud claim properly premised on collateral estoppel effect of prior unlawful detainer action that included extensive litigation of that issue.

Where party moving for summary judgment shows that a presumption affecting the burden of producing evidence applies, burden shifts to party opposing motion to show that presumption does not apply.

Regardless of plaintiff's subjective intent, letter to hospital was a notice of intent to sue under CCP §364; attorney's second letter was surplusage.

Upon defendant's motion for summary judgment, mere assertion unsupported by legal authority or evidence was insufficient to show no triable issue of material fact; burden of production improperly shifted to plaintiff.

A public university has no general duty to protect its students from the criminal acts of other students.