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Law Practice

Mar. 28, 2014

The two D'Amicos: appellate split on summary judgment

In most cases, the standards governing summary judgment are clear and heavily favor the party opposing the motion. By Zareh Jaltorossian and David J. de Jesus

Zareh Jaltorossian

Partner
KP Law

Email: zjaltorossian@kplitigators.com

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David J. de Jesus

Counsel
Reed Smith LLP

101 2nd St Ste 1800
San Francisco , CA 94105

Phone: (415) 543-8700

Fax: (415) 391-8269

Email: ddejesus@reedsmith.com

Loyola Law School; Los Angeles CA

David is in the firm's Appellate Group, resident in San Francisco office. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.

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By Zareh Jaltorossian and David J. de Jesus


In most cases, the standards governing summary judgment are clear and heavily favor the party opposing the motion. The courts' task is not to rule on the merits of the claim or defense, but simply to determine whether there is a triable issue of fact sufficient to reach a jury. In conducting this analysis, courts construe evidence in support of summary judgment narrowly, evidence in opposition liberally, and any dou...

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