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Standard of review-Summary Judgment
(Vasquez v. Residential Investments)

Standard of review-Summary Judgment
(Vasquez v. Residential Investments)

LEGAL STANDARDS

            A Standard of Review

            "The summary judgment procedure aims to discover whether there is evidence requiring the fact-weighing procedures of trial.  [Citation.]  '[T]he trial court in ruling on a motion for summary judgment is merely to determine whether such issues of fact exist, and not to decide the merits of the issues themselves.' [Citation.]  The trial judge determines whether triable issues of fact exist by reviewing the affidavits and evidence before him or her and the reasonable inferences which may be drawn from those facts."  (Morgan v. Fuji Country USA, Inc. (1995) 34 Cal.App.4th 127, 131.)  To prevail on a motion for summary judgment, a defendant must show one or more elements of the plaintiff's cause of action cannot be established or there is a complete defense to that cause of action.  (Code Civ. Proc., § 437c, subd. (o).)  The evidence of the moving party is strictly construed and that of the opponent liberally construed, and any doubts as to the propriety of granting the motion are to be resolved in favor of the party opposing the motion.  (Branco v. Kearny Moto Park, Inc. (1995) 37 Cal.App.4th 184, 189.)

            Consequently, summary judgment should be granted only when a moving party is entitled to judgment as a matter of law.  (§ 437c, subd. (c).)  Because a motion for summary judgment raises only questions of law, we independently review the parties' supporting and opposing papers and apply the same standard as the trial court to determine whether there exists a triable issue of material fact.  (City of San Diego v. U.S. Gypsum Co. (1994) 30 Cal.App.4th 575, 582; Southern Cal. Rapid Transit Dist. v. Superior Court (1994) 30 Cal.App.4th 713, 723.)  In practical effect, we assume the role of a trial court and apply the same rules and standards that govern a trial court's determination of a motion for summary judgment.  (Lopez v. University Partners (1997) 54 Cal.App.4th 1117, 1121-1122.)

Vasquez v. Residential Investments D042575 5/4/04 CA4/1

May 04 2004

D042575 [PDF] [DOC]

Vasquez v. Residential Investments D042575 5/4/04 CA4/1

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