Granberry v. Islay Investments, 161 Cal. App. 3d 382 (1984)

Citation: Granberry v. Islay Investments, 161 Cal. App. 3d 382 (1984)
Parent Document: Granberry v. Islay Investments, 161 Cal. App. 3d 382 (1984)
Jurisdiction: California (state)
Effective Date: 1984-10-30
Original Source: https://www.courtlistener.com/opinion/2176569/granberry-v-islay-investments/ ↗

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Although this case was decided by way of summary judgment, we can envision cases where credibility of witnesses is a factor the trier of fact must consider in making its ultimate decision. Plaintiffs contend there is no issue of credibility of witnesses in determining whether a payment is rent or a security, because the intended purpose of a payment is irrelevant to the definition of a security. The trier of fact however, in some cases may have to consider the justification for the payment to determine whether it is legitimate rent. A landlord’s stated reasons for its rental practices may be compared to inferences drawn from the evidence that either support or refute those reasons. A motion for summary judgment may be a good vehicle to resolve these issues, but credibility of witnesses may be difficult to assess from lifeless declarations. Often demeanor of witnesses, and responses to cross-examination are better guides in deciding such issues. *391

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