Can a defendant argue that a lower court found for plaintiff because the court disbelieved defendant's evidence?

California, United States of America


The following excerpt is from Parker v. Twentieth Century-Fox Film Corp., 81 Cal.Rptr. 221 (Cal. App. 1969):

Defendant contends that the lower court found for plaintiff because the court disbelieved defendant's evidence and that the court is not entitled to determine the truth or falsity of facts in a declaration in opposition to a motion for summary judgment but must leave that for trial. (Stirton v. Pastor (1960) 177 Cal.App.2d 232, 2 Cal.Rptr. 135.) However, it is apparent that the lower court did not disbelieve defendant's facts but found that there were no facts raised by defendant.

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