Rio Linda Unified School Dist. v. Superior Court

Real parties in interest Luis Diaz, Jr., and his mother, Maria Diaz (for convenience, we shall refer only to Luis Diaz as real party), brought this personal injury action against petitioner Rio Linda Unified School District (School). The School moved for summary judgment/summary adjudication of issues. (Code Civ. Proc., § 437c; undesignated section references will be to this code.) The trial court denied the motion. The School then petitioned this court for a writ of mandate directing the trial com! to vacate its order and enter a new one granting the School’s motion. We issued an alternative writ and a stay of proceedings pending our plenary review of the issues presented.

We conclude a moving party’s reference to inadmissible evidence in its statement of undisputed facts does not waive a contemporaneously raised objection to that evidence in the accompanying points and authorities. We shall thus dissolve the stay and grant the requested relief.

Standard of Review

The historic paradigm for our de novo review of a motion for summary judgment remains unchanged. We first identify the issues framed by the pleadings since it is these allegations to which the motion must…