Legal Memorandum: Standard for Granting Summary Judgment

Issue: Under California law, what is the standard for granting summary judgment in an action for fraud, negligent misrepresentation, and intentional infliction of emotional distress?

Summary judgment "is a drastic measure" that should "be used with caution."  A s "Molko v. Holy Spirit Ass’n (1988) 46 Cal. 3d 1092, 1" c 1 l "Molko v. Holy Spirit Ass’n (1988) 46 Cal. 3d 1092"Molko v. Holy Spirit Ass’n (1988) 46 Cal. 3d 1092, 1107.  Summary judgment may be granted only if the supporting papers are sufficient to sustain a judgment as a matter of law in favor of the moving party, and the opposing party has not presented any facts which give rise to a triable issue as to any material fact.  See A s "Code Civ. Proc. § 437c(c)" c 2 l "Code Civ. Proc. § 437c(c)"Code Civ. Proc. § 437c(c).  In examining the supporting and opposing papers, the moving party’s affidavits or declarations are strictly construed and those of the opposing party are liberally construed.  Statements of fact contained in the affidavits or declarations in opposition to the motion should be accepted as true, and doubts as to the propriety of granting the motion should be resolved in favor of the party opposing the motion.  A s "Corwin v. Los Angeles Newspaper Serv. Bureau, Inc. (" c 1 l "Corwin v. Los Angeles Newspaper Serv. Bureau, Inc. (1971) 4 Cal. 3d 842, 94 Cal. Rptr. 785, 484 P.2d 953"Corwin v. Los Angeles Newspaper Serv. Bureau, Inc. (1971) 4 Cal. 3d 842, 851-52, 94 Cal. Rptr. 785, […]