Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

According to California Code of Civil Procedure (CCP) Section 437c, if it is claimed the action has no merit, or there is no defense to the action, the complaint may be dismissed and summary judgment entered in the discretion of the court unless the other party, shall show facts as may be deemed by the judge hearing the motion sufficient to present a triable issue of fact.

The purpose of summary judgment is to expedite litigation by avoiding needless trial.  Truslow v. Woodruff (1967) 252 Cal. App. 2d 158.  For example, a plaintiff alleges that defendants negligently entrusted, managed, maintained, drove, operated a motor vehicle so as to collide to plaintiff’s vehicle and cause injuries, but plaintiff does not present facts to prove defendant was negligent, and did not use the judgment and prudence required in a situation of unknown and sudden peril.