Motion by Defendant JELLY BELLY CANDY COMPANY for Summary Judgment TENTATIVE RULING
A defendant moving for summary judgment must present evidence sufficient to negate a necessary element of the cause of action (or to establish an affirmative defense). C.C.P. §437c(p)(2).
Evidence supporting (or in opposition) to a summary judgment motion must be admissible, and for a percipient witness, based on personal knowledge, or it is subject to being stricken if an objection to it is raised. C.C.P. §437c(d) states:
Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived.
A property owner owes a duty to its customers to conduct reasonable inspections of its
Hearing Date
June 12, 2019
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Motion by Defendant JELLY BELLY CANDY COMPANY for Summary Judgment TENTATIVE RULING
A defendant moving for summary judgment must present evidence sufficient to negate a necessary element of the cause of action (or to establish an affirmative defense). C.C.P. §437c(p)(2).
Evidence supporting (or in opposition) to a summary judgment motion must be admissible, and for a percipient witness, based on personal knowledge, or it is subject to being stricken if an objection to it is raised. C.C.P. §437c(d) states:
Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at the hearing, shall be deemed waived.
A property owner owes a duty to its customers to conduct reasonable inspections of its