Can a party create an issue of fact by making a declaration that contradicts their own discovery responses?
California, United States of America
The following excerpt is from Uhm v. Direct Chassislink, Inc., B284991 (Cal. App. 2019):
"'[A] party cannot create an issue of fact by a declaration which contradicts his prior [discovery responses]. [Citation.] In determining whether any triable issue of material fact exists, the trial court may, in its discretion, give great weight to admissions made in deposition and disregard contradictory and self-serving affidavits of the party.' [Citation.]" (Benavidez v. San Jose Police Dept. (1999) 71 Cal.App.4th 853, 860.)
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