Hair

Hair v. State of California

Good Law
1991 Cal. App. LEXIS 1480·2 Cal. App. 4th 321·2 Cal. Rptr. 2d 871·92 Daily Journal DAR 55·92 Cal. Daily Op. Serv. 125
Court of Appeal of CaliforniaDecember 31, 1991H008156California2,242 words

Opinion

Opinion

Agliano, J.

I. Introduction

Plaintiff Raylene Hair, the holder of a winning California lottery ticket, brought this action for declaratory relief and to recover damages from defendants State of California and California State Lottery Commission. She claims she is entitled to payment of $900,000 over a 10-year, rather than an 18-year period. The trial court granted defendants’ motion for summary judgment. We affirm.

II. Scope of Review

“Since a summary judgment motion raises only questions of law regarding the construction and effect of the supporting and opposing papers, we independently review them on appeal, applying the same three-step analysis required of the trial court. (Code Civ. Proc., § 437c. . . .) First, we identify the issues framed by the pleadings ....[]□ Secondly, we determine whether the moving party’s showing has established facts which negate the opponent’s claim and justify a judgment in movant’s favor. [Citations.] ...[][] When a summary judgment motion prima facie justifies a judgment, the third and final step is to determine whether the opposition demonstrates the existence of a triable, material factual issue. [Citation.]” (AARTS Productions, Inc. v. Crocker…

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