Rokhsat
Rokhsat v. Daland Swim School CA2/6
Opinion
Opinion
Cody, J.
DISCUSSION
Standard of Review “[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any
3 The court also granted summary judgment of claims for
negligent infliction of emotional distress brought by Hossein and Anahid Nazeri, Mehrbod’s mother. The opening brief does not discuss these claims. We construe their appeal as abandoned. (See Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [appellate court’s review limited to issues that have been adequately raised and supported in appellant’s brief].)
3 material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) A defendant moving for summary judgment “bears the burden of persuasion that ‘one or more elements of’ the ‘cause of action’ in question ‘cannot be established,’ or that ‘there is a complete defense’ thereto. [Citation.]” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Code Civ. Proc., § 437c, subd. (p)(2).) “On appeal from the granting of a motion for summary judgment, we examine the record de novo, liberally construing the evidence in support of the party opposing summary…