On appeal, what is the test for determining whether a party is entitled to judgment on the basis of an unproven affidavit?
California, United States of America
The following excerpt is from Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1, 236 Cal.Rptr. 181 (Cal. App. 1987):
On appeal, "[t]he reviewing court must determine upon a de novo examination of the affidavits whether there was no genuine issue of material fact and the moving party was entitled to judgment as a matter of law." (D'Aquisto v. Campbell Industries (1984) 162 Cal.App.3d 1208, 1212, 209 Cal.Rptr. 108.)
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