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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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, subds. (g)(2), (p)(2).) If the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense. In doing so, the plaintiff cannot rely on the mere allegations or denial of her pleadings, “but, instead, shall set forth the specific facts showing that a triable issue of material fact exists . . . .” (Code Civ. Proc., § 437c, subd. (p)(2).) A triable issue of material fact exists “if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof. [Fn. omitted.]” (Aguilar v. Atlantic Richfield Co.

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