Sawaked

Sawaked v. Atara Biotherapeutics CA2/6

Good Law
Court of Appeal of CaliforniaJune 6, 2022B306294California3,858 words

Opinion

Opinion

Tangeman, J.

DISCUSSION

A. Summary judgment “[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c, subd. (c).) It is “well established that issue finding rather than issue determination is the pivot upon which the summary judgment law turns.” (Walsh v. Walsh (1941) 18 Cal.2d 439, 441.) “On appeal from the granting of a motion for summary judgment, we examine the record de novo, liberally construing the evidence in support of the party opposing summary judgment and resolving doubts concerning the evidence in favor of that party.” (Miller v. Department of Corrections (2005) 36 Cal.4th 446, 460.)2 B. Material facts Sawaked contends that the trial court erred when it overruled all his objections to Atara’s undisputed material facts (UMFs), and when it found that no triable issue of fact was shown by the UMFs he disputed or by the additional material facts (AMFs) he offered. We confine our discussion to the specific material facts contested in Sawaked’s briefs. We agree with Sawaked in part. UMF No. 6 states,…

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