Does a party's failure to file a declaration in a personal injury action relieve the moving party of the burden of establishing the evidentiary facts of every element necessary to entitle him to judgment?
California, United States of America
The following excerpt is from Clendening v. Shipton, 149 Cal.App.3d 191, 196 Cal.Rptr. 654 (Cal. App. 1983):
The failure of a party to file declarations does not relieve the moving party of the burden of establishing the evidentiary facts of every element necessary to entitle him to judgment. (Vesely v. Sager (1971) 5 Cal.3d 153, 169, 95 Cal.Rptr. 623, 486 P.2d 151.)
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