Is a failure to address a triable issue of fact a harmless error?

California, United States of America


The following excerpt is from Fowler v. Stockton Unified School District, No. C062227 (Cal. App. 5/17/2010), No. C062227. (Cal. App. 2010):

We note that plaintiff complains under a separate heading in her appellate brief that the trial court failed to refer specifically in its order to the evidence indicating that a triable issue of material fact exists as required by Code of Civil Procedure section 437c, subdivision (g). Such a failure is harmless, however, "`since "`[i]t is the validity of the ruling which is reviewable and not the reasons therefore.'"' [Citation.]" (Byars v. SCME Mortgage Bankers, Inc. (2003) 109 Cal.App.4th 1134, 1146 [trial court's failure to address cause of action on summary judgment was harmless error where appellant failed to present evidence to raise a triable issue of fact].)

Other Questions


When the error is that the error was not intentional, does the error result in the error not being corrected? (California, United States of America)
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
What is the federal harmless error standard for determining that an error was harmless beyond a reasonable doubt? (California, United States of America)
Does the Attorney General have a valid argument that if a trial court erred, if the error was harmless, is that error harmless? (California, United States of America)
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error? (California, United States of America)
Is a jury's failure to adequately instruct the jury on the elements of the felony offense of receiving stolen property a harmless error? (California, United States of America)
Does the Attorney General's error in instructing a jury to convict a defendant of embezzling a vehicle constitute a harmless error? (California, United States of America)
Does a failure to instruct a jury to convict a defendant of simple assault and battery constitute harmless error? (California, United States of America)
How have courts applied harmless error review to a failure to instruct on a defense theory? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.