What are the requirements for an affidavit to support a claim?

California, United States of America


The following excerpt is from Braunstein v. Superior Court In and For Monterey County, 225 Cal.App.2d 691, 37 Cal.Rptr. 666 (Cal. App. 1964):

On examining plaintiff's affidavits we find that they do not meet the tests above stated but are of the type stated in Baird v. Smith (1937) 21 Cal.App.2d 221, 224, 68 P.2d 979, quoting from 1 Cal.Jur. 15, p. 669, 'An affidavit which does not state the probative facts necessary to be alleged, but which states conclusions of law, is a nullity, and any order based thereon is void.'

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