The following excerpt is from Zapata v. Neil Jones Food Co., Case No. 1:14-cv-02027-EPG (E.D. Cal. 2016):
be invoked only if a district court makes "a factual determination that the contradiction was actually a sham" and "the inconsistency between a party's deposition testimony and subsequent affidavit ... [is] clear and unambiguous." Van Asdale v. Int'l Game Tech., 577 F.3d at 998-999.
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