The following blog entry is written to illustrate a common motion filed during the early stages of civil litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
STANDARD OF REVIEW
Summary judgment and summary adjudication are to be granted only with great caution. (Dolquist v. City of Bellflower (1987) 196 Cal.App.3d 261, 266.) In reviewing a motion for summary judgment or summary adjudication, the court’s sole function is to determine from the submitted evidence whether there is a triable issue as to any material fact. (C.C.P. §437c(c); Zavala v. Arce (1997) 58 Cal.App.4th 915, 926.) The court should strictly construe the moving party’s evidence and liberally construe the evidence presented by the motion’s opponent. (Zavala at 926; Shively v. Dye Creek Cattle Co. (1994) 29 Cal.App.4th 1620, 1627.)
Any doubts as to the propriety of granting the motion should be resolved in favor of the party opposing the motion. (Id., citing Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1107.) If there is a triable issue, it is error for the trial court to grant summary judgment. (Doiichin v. Guerroero (1995) Cal.App.4th 1832, 1837.) For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
A defendant has met its burden of showing that a cause of action or claim for damages has no merit only if he has shown that one or more elements of the cause of action or claim for damages cannot be established. (C.C.P. § 437c(p)(2).)
Only when the defendant has met its burden does the burden shift to the plaintiff to show that a triable issue of material fact exists. (Id.) (See Part 4 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.