Aguilar and the New Face of Summary Judgment Our Embattled Right to Trial By Jury


Since March of 2001, our Supreme Court and the Court of Appeal have published four important opinions redefining the law of summary judgment. In reverse chronological order, they are: Aguilar v. Atlantic Richfield Co. (June 15, 2001); Bahl v. Bank of America (May 23, 2001) 107 Cal.Rptr.2d 270; Krantz v. BT Visual Images, L.L.C. (May 18, 2001) 107 Cal.Rptr.2d 209; and Basich v. Allstate Ins. Co. (March 16, 2001) 105 Cal.Rptr.2d 153.

Out of these four opinions, two are most charitably described as anti-consumer, anti-jury. Aguilar, the sole decision from the Supreme Court, is now the controlling law regarding the burden of bringing and opposing summary judgment in California.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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