How does the court determine whether a triable issue of material fact exists?
California, United States of America
The following excerpt is from Mother Lode Bank, Corp. v. Sloan, F068840 (Cal. App. 2015):
Appellate courts determine whether a triable issue of material fact exists by conducting an independent review of "the record that was before the trial court when it ruled on [the] motion." (Martinez v. Combs (2010) 49 Cal.4th 35, 68.) When conducting this independent review of the record, appellate courts view the evidence in the light most favorable to the nonmoving parties, resolving evidentiary doubts and ambiguities in their favor. (Ibid.)
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