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Purpose of Summary Judgment
( Johnson v. Lewis )

Purpose of Summary Judgment
(Johnson v. Lewis)

DISCUSSION

The purpose of summary judgment is to determine whether the parties possess evidence that requires the weighing procedures of a trial. (Lyons v. Security Pacific Nat. Bank (1995) 40 Cal.App.4th 1001, 1013.) Accordingly, a motion for summary judgment should be denied when the parties’ submissions demonstrate the existence of a triable issue of material fact. (AARTS Productions, Inc. v. Crocker National Bank (1986) 179 Cal.App.3d 1061, 1065.)

On appeal from the entry of a summary judgment, we apply the same standard that was applicable in the trial court, i.e., we independently review the record to determine whether there are triable issues of material fact. (Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, 767.) In doing so, we view the parties’ evidentiary submissions in a light most favorable to the appellant as the losing party. (Id. at p. 768.) Summary judgment will be upheld when the evidence, viewed in such a light, demonstrates that there is no material issue of fact which requires the process of a trial so that the respondent is entitled to judgment as a matter of law. (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 334.)[3]

Johnson v. Lewis C043427frivolous appeals

Jul 07 2004

C043427
[PDF] [DOC]

Johnson v. Lewis C043427 7/7/04 CA3

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