California, United States of America
The following excerpt is from Hibbitts v. Los Gatos Musich, LLC, H043688 (Cal. App. 2020):
nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." (Ibid.) "There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof." (Ibid.) A triable issue of fact can only be created by conflicting evidence, not speculation or conjecture. (Horn v. Cushman & Wakefield Western (1999) 72 Cal.App.4th 798, 807.)
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