Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)

Citation: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Parent Document: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Jurisdiction: California (state)
Effective Date: 2009-06-19
Original Source: https://www.courtlistener.com/opinion/2267097/bisno-v-douglas-emmett-realty-f... ↗

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Summary judgment (or adjudication of a single cause of action) 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).) In reviewing an order granting summary adjudication, we must assume the role of the trial court and redetermine the merits of the motion. In doing so, we must strictly scrutinize the moving party’s papers. The declarations of the party opposing summary adjudication, however, are liberally construed to determine the existence of triable issues of fact. All doubts as to whether any material, triable issues of fact exist are to be resolved in favor of the opposing party. While the appellate court must review a summary adjudication motion by the same standards as the trial court, it must independently determine as a matter of law the construction and effect of the facts presented. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562 [42 Cal.Rptr.2d 697].)

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