In what circumstances will a judge be able to set aside an order for summary judgment against a plaintiff in a personal injury case?

In Belende v. Patel, a Court of Appeal decision dated February 29, 2008, the appellant sought to set aside an order for summary judgment made against him on the grounds that the judge hearing the matter denied the appellant his right to a bilingual proceeding. The court held that such a right is not qualified by judicial discretion and that the right is more than purely procedural. It is a substantive right and the appropriate remedy where there has been a breach is to set aside the order.