Winchester Property v. Nevis CA3

DISCUSSION

“The aim of the summary judgment procedure is to determine, through the use of declarations and evidence disclosed in discovery, whether the parties possess conflicting evidence on a material issue that requires a trial to sort out—in short, whether a triable issue of material fact exists. [Citation.] [¶] . . . [¶] We review independently from the trial court the summary judgment papers. We do not resolve factual issues but ascertain whether there are any to resolve.” (Yanez v. Plummer (2013) 221 Cal.App.4th 180, 185- 186.) “Because a successful summary judgment motion denies the losing party a trial, the papers of the moving party are strictly construed while those of the losing party are liberally construed.” (Id. at p. 183.)

A plaintiff seeking summary judgment must present evidence sufficient to establish every element of its cause of action. If the plaintiff clears this hurdle, the burden shifts to the defendant to show that a triable issue of material fact exists as to that cause of action or an affirmative defense. (Lawlor, supra, 222 Cal.App.4th at pp. 630- 631.)

3 The parties here agree that Lender has met its summary judgment burden as plaintiff, and that…