In what circumstances will a judge consider whether a plaintiff has sufficient evidence to establish that there are no triable issues in a moving declaration?

California, United States of America

The following excerpt is from Beech Aircraft Corp. v. Superior Court, 132 Cal.Rptr. 541, 61 Cal.App.3d 501 (Cal. App. 1976):

In ruling on the sufficiency of petitioner's showing with respect to the choice of law issues which have not been rendered moot, cognizance must be taken of the changes to Code of Civil Procedure section 437c which went into effect January 1, 1974, bearing upon the showing required to establish the nonexistence of triable issues. These changes have, to some extent, liberalized the showing necessary. ¹⁵ They have not, [61 Cal.App.3d 520] however, changed the following existing rules, among others: (1) the strict evidentiary and substantive requirements for the moving declarations (Blair v. Pitchess,

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