Stoddard

Stoddard v. Ravael CA2/7

Good Law
Court of Appeal of CaliforniaSeptember 17, 2014B252791California828 words

Opinion

Opinion

Zelon, J.

DISCUSSION

Stoddard contends that the trial court erroneously granted summary judgment in favor of Ravaei pursuant to Code of Civil Procedure 437c. She also seeks relief awarding her the maximum amount of compensation for noneconomic damages pursuant to

MICRA.

I. The Trial Court Properly Granted Summary Judgment

“‘A defendant moving for summary judgment has the burden of producing evidence showing that one or more elements of the plaintiff’s cause of action cannot be established, or that there is a complete defense to that cause of action. [Citation.] The burden then shifts to the plaintiff to produce specific facts showing a triable issue as to the cause of action or the defense.’ [Citations.].” (Multani v. Witkin & Neal (2013) 215 Cal.App.4th 1428, 1443.) A triable issue of material fact exists where “the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) On appeal, we review an order granting summary judgment de novo. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 860.) We affirm…

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