Toveg

DISCUSSION

A motion for summary judgment is properly granted only when “all the papers submitted show that there is no triable issue as to any material fact and that the moving 1 party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) In reviewing an order granting summary judgment, the appellate court independently determines whether, as a matter of law, the motion for summary judgment should have been granted. “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties‟ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).)

1 Unless otherwise indicated, all statutory references are to the Code of Civil Procedure.

2 We review the trial court‟s ruling granting summary judgment de novo and independently examine the record to determine whether there is a triable issue of material fact. (Aguilar, supra, 25 Cal.4th at p. 860.) In performing our de novo review, we consider all evidence presented by the parties in connection with the motion (except that which…