Appellate brief arguing for reversal of summary judgment in case involving a warehouse fire. The question before this Court was: did the Plaintiffs/Appellants adequately present sufficient material facts to support their cause of action for negligence sufficient to overcome Defendant’s Motion for Summary Judgment to allow the case to proceed to trial on its merits? The trial court had held that “There is no evidence that any action or omission on the part of TOWER caused or contributed to the subject fire,” and found that additional expert testimony was required to establish causation in the case of a warehouse fire.
The Brief argues that in review of a grant of summary judgment, the role of the appellate court is well established: “In ruling on the motion the court must ‘consider all of the evidence’ and ‘all of the ‘inferences’ reasonably drawn therefrom ([Code Civ. Proc.,] § 437c, subd. (c)), and must view such evidence [citations] and such inferences [citations] in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 843.)
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Civil Procedure Updates, Construction Law Updates
Appellate Brief |
State, 9th Circuit, California |
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