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Ccpe 437c Case Brief

Satisfactory Essays

According to CCP §437c, if there is a single issue of material fact, a motion (for summary judgment) must be denied. Tommy did provide sufficient material facts to allow a jury to find in his favor. Specifically by relaying the facts that Peter Plaintiff’s collision with Jack was too remote for liability to be put on Tommy and that Tommy did not knowingly furnish alcohol to Jack, demonstrating that there was not a prima facie violation of Cal. Civil Code §1714.3 Therefore, the court erred in granting Peter Plaintiff’s motion for summary judgment and this court must reverse that wrong. Because appeal is from a summary judgment, this case is subject to de novo review. The de novo standard of review allows the Appellate Court to find that the

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