California, United States of America
The following excerpt is from Beckett v. Kaynar Mfg. Co., Inc., 315 P.2d 425 (Cal. App. 1957):
In the consideration of an appeal from an order made upon affidavits involving the setting aside of a default judgment, the appellate court stated in Greenwell v. Caro, 114 Cal.App.2d 35, 38, 249 P.2d 573, 575, that 'the same rules apply as where oral testimony is presented'; and that 'an application for relief, such as this, is addressed to the sound discretion of the trial
Page 430
On appeal from an order made on affidavits involving a decision of a question of fact, the appellate court stated in Fuller v. Lindenbaum, supra, 29 Cal.App.2d at page 230, 84 P.2d at page 157, that 'if there is any conflict in the affidavits, those in favor of the prevailing party must be taken as true, and the facts stated therein must be considered established.'
Although Section 2009 of the Code of Civil Procedure permits the use of affidavits on motions, other evidence is also admissible. Perez v. Perez, 111 Cal.App.2d 827, 829, 245 P.2d 344.
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