Forest Lawn Memorial-Park Assn. v. Super. Ct.
Annotate this CaseA plaintiff obtained a witness' declaration to support her opposition to the defendants’ summary judgment motion. At the witness’ deposition, she disavowed the declaration, testified as to her lack of knowledge of the relevant matter, and explained that she signed the declaration due to pressure from plaintiff’s counsel. The trial court nevertheless denied the summary judgment motion on the ground that the declaration, considered in isolation, created a triable issue of fact precluding summary judgment. The Court of Appeal held that the declaration should not have been considered in isolation to determine whether there was a foundation in personal knowledge for its contents, but rather any evidence in the record could and should have been considered. Furthermore, the Court found the record here "compels the conclusion" that the witness’ repudiated statement lacked foundation in personal knowledge. The trial court therefore erred in denying summary judgment.
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