Ahn v. Kumho Tire U.S.A., Inc., No. E054322 (D4d2 Jan 22, 2014)
The court of appeal reverses a trial court’s grant of summary judgment in an oral contract case where the plaintiffs’ interrogatory responses were contradicted by a declaration they submitted in opposition to summary judgment. The court ultimately holds that the so-called D’Amico rule—which says a plaintiff cannot avoid summary judgment by contradicting his deposition in a declaration—is inapplicable. In doing so, it sets a new standard regarding the extent of the evidence the non-moving needs to come forward with to establish an explanation for the discrepancy, and thus avoid the rule.
Showing posts with label kumho tire. Show all posts
Showing posts with label kumho tire. Show all posts
Tuesday, January 28, 2014
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