What is the test for summary adjudication in a personal injury case?

California, United States of America


The following excerpt is from Morgan v. Pac. Specialty Ins. Co., B225793 (Cal. App. 2012):

The "'[s]ummary [adjudication] will be upheld when, viewing the evidence in a light most favorable to the [defendant], the evidentiary submissions conclusively negate a necessary element of plaintiff['s] cause of action, or show that under no hypothesis is there a material issue of fact requiring the process of a trial. [Citation.]' [Citation.]" (County of Los Angeles v. Superior Court (2009) 181 Cal.App.4th 218, 226.) In determining the propriety of summary adjudication, the issues to be addressed are framed by the pleadings. (Ibid.)

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