Rebeiro

Rebeiro v. Nor-Cal Integrated Ceilings

Good Law
135 Cal. App. 3d 522·187 Cal. Rptr. 256·1982 Cal. App. LEXIS 1925
Court of Appeal of CaliforniaJune 10, 1982Civ. 49339California2,537 words

Opinion

Opinion

Feinberg, J.

This appeal is from a summary judgment in favor of the employer, Nor-Cal Integrated Ceilings, in two proceedings coordinated pursuant to Code of Civil Procedure section 404.3 and rule 1540, California Rules of Court.

“‘Summary judgment is proper only if the affidavits in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not by affidavit show such facts as may be deemed by the judge hearing the motion sufficient to present a triable issue. The aim of the procedure is to discover, through the media of affidavits, whether the parties possess evidence requiring the weighing procedures of a trial. [11] In examining the sufficiency of affidavits filed in connection with the motion, the affidavits of the moving party are strictly construed and those of his opponent liberally construed, and doubts as to the propriety of granting the motion should be resolved in favor of the party opposing the motion. Such summary procedure is drastic and should be used with caution so that it does not become a substitute for the open trial method of determining facts.’” (Corwin v. Los Angeles Newspaper Service Bureau, Inc. (1971) 4 Cal.3d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.