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Standard of review-Summary Judgment
(Kashani v. Tsann Kuen China Enterprise )

Standard of Review Summary judgment-Illegality of Contract Question of Law
(Kashani v. Tsann Kuen China Enterprise)
 

 1.         Standard of Review

Summary judgment is granted when a moving party establishes the right to the entry of judgment as a matter of law.  (Code Civ. Proc., § 437c, subd. (c).)  “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) 

A defendant moving for summary judgment meets its burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action.  (Code Civ. Proc., § 437c, subd. (p)(2).)  Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action.  (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 849.)  If the plaintiff does not make such a showing, summary judgment in favor of the defendant is appropriate.  To obtain a summary judgment, “all that the defendant need do is to show that the plaintiff cannot establish at least one element of the cause of action . . . .  [T]he defendant need not himself conclusively negate any such element . . . .”  (Id. at p. 853.)

            On appeal from a summary judgment, an appellate court makes “an independent assessment of the correctness of the trial court’s ruling, applying the same legal standard as the trial court in determining whether there are any genuine issues of material fact or whether the moving party is entitled to judgment as a matter of law.”  (Iverson v. Muroc Unified School Dist. (1995) 32 Cal.App.4th 218, 222.)  “‘Whether a contract is illegal . . . is a question of law to be determined from the circumstances of each particular case.  [Citation.]’”  (Timney v. Lin (2003) 106 Cal.App.4th 1121, 1126; see also Kallen v. Delug (1984) 157 Cal.App.3d 940, 951.)

Kashani v. Tsann Kuen China Enterprise-May 11 2004-B166041

May 11 2004

B166041 [PDF] [DOC]

Kashani v. Tsann Kuen China Enterprise 5/11/04 CA2/5

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