Motion for Summary Judgment and/or Adjudication - DENIED
Defendant MillerCoors LLC’s (“Miller”) Motion for Summary Judgment or in the Alternative, Summary Adjudication is denied.
Plaintiff’s objections nos. 1 and 2 to the Maruyama Declaration are overruled. The declarant has laid sufficient foundation for his testimony that, once the bottles arrive at Miller’s Irwindale facility, they are filled with Miller High Life and inspected to ensure they are properly filled and contained no leaks. Miller’s objection nos. 1 and 2 to Plaintiff’s declaration are overruled. To the extent that a “I don’t recall” answer could be considered contradictory, a reasonable person could find from the video that Plaintiff did not drop the bottle. Minish v. Hanuman Fellowship (2013) 214 Cal.App.4th 437, 459-460 (trial court may disregard a party's declaration or affidavit where it and the party's deposition testimony or discovery responses are contradictory and mutually exclusive; conversely, a summary judgme
Hearing Date
May 08, 2017
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Motion for Summary Judgment and/or Adjudication - DENIED
Defendant MillerCoors LLC’s (“Miller”) Motion for Summary Judgment or in the Alternative, Summary Adjudication is denied.
Plaintiff’s objections nos. 1 and 2 to the Maruyama Declaration are overruled. The declarant has laid sufficient foundation for his testimony that, once the bottles arrive at Miller’s Irwindale facility, they are filled with Miller High Life and inspected to ensure they are properly filled and contained no leaks. Miller’s objection nos. 1 and 2 to Plaintiff’s declaration are overruled. To the extent that a “I don’t recall” answer could be considered contradictory, a reasonable person could find from the video that Plaintiff did not drop the bottle. Minish v. Hanuman Fellowship (2013) 214 Cal.App.4th 437, 459-460 (trial court may disregard a party's declaration or affidavit where it and the party's deposition testimony or discovery responses are contradictory and mutually exclusive; conversely, a summary judgme