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Issue: Under California law, what is the standard for summary judgment from an opposition standpoint?
| Area of Law: | Litigation & Procedure |
| Keywords: | Summary judgment; Opposition standpoint |
| Jurisdiction: | California |
| Cited Cases: | 42 Cal. Rptr. 449; 398 P.2d 785; 178 Cal. App. 3d 824; 191 Cal. App. 3d 101; 224 Cal. Rptr. 50; 236 Cal. Rptr. 233; 271 Cal. Rptr. 92 |
| Cited Statutes: | Cal. Civ. Proc. Code § 437c, subd. (c); |
| Date: | 04/01/2001 |
A motion for summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Cal. Civ. Proc. Code § 437c, subd. (c) (Supp. 1992). According to the court in Stationers Corp. v. Dun & Bradstreet, Inc., 62 Cal. 2d 412, 398 P.2d 785, 42 Cal. Rptr. 449 (1965):
Summary judgment is proper only if the affidavits in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not by affidavit show such facts as may be deemed by the judge hearing the motion sufficient to present a triable issue.
62 Cal. 2d at 417. In ruling on a summary judgment motion the court may consider all the evidence in the record and all inferences reasonably deducible therefrom except where such inferences are contradicted by other inferences or evidence raising an issue of material fact. 4 Witkin, California Procedure § 196A, at 86 (2d ed. Supp. 1983). See also Cal. Civ. Proc. Code § 437c, subd. (c). "The moving party’s […]