What is the test for determining whether a triable issue of material fact exists?
California, United States of America
The following excerpt is from A.H v. Fire Ins. Exch. Inc, F058022, No. MS302 (Cal. App. 2010):
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 defendants' motion." (Martinez v. Combs (2010) 49 Cal.4th 35, 68.) During this review, appellate courts must "view the evidence in the light most favorable to plaintiffs as the losing parties, resolving evidentiary doubts and ambiguities in their favor." (Ibid)
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