Girard

Girard v. Ball

Good Law
125 Cal. App. 3d 772·178 Cal. Rptr. 406·1981 Cal. App. LEXIS 2361
Court of Appeal of CaliforniaNovember 17, 1981Civ. 62227California2,800 words

Opinion

Opinion

Olson, J.

Appellant appeals from a judgment dismissing his complaint and entering judgment for the respondent after the trial court granted a motion for summary judgment.

Issue Presented on Appeal:

Factual Background:

As developed from the declarations of appellant and respondent, and the answers of appellant to extensive written interrogatories propounded to him by respondent before the motion for summary judgment, the following facts are relevant to this appeal:

Appellant’s Contentions:

Discussion:

As stated above, the ruling of the trial court was correct and we affirm. This case involves a classic example of the appropriate use of the summary judgment procedure. It establishes that appellant does not possess evidence in support of his allegations in the complaint that demand or even justify the analysis of the trial.

The motion in question was made pursuant to the authority set forth in Code of Civil Procedure section 437c.

As was stated in Leasman v. Beech Aircraft Corp. (1975) 48 Cal.App.3d 376, 380 [ 121 Cal.Rptr. 768 ]:

This case also affords an opportunity to consider the liberalizing effect of the 1973 changes in Code of Civil Procedure section 437c. Although…

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