Triable issues of fact
existed as to whether the actions of the tubing park attendant violated the defendants' own safety procedures (see de Lacy v Catamount Dev.
On appeal, Lisa argues that material issues of fact
exist surrounding the validity of the note in question and, therefore, the trial court erred when it granted summary judgment in favor of Wells Fargo.
There must be an application for certification of the action, the class must be appropriately defined, there must be a triable issue, and there must be issues of fact
or law which are common to the claims of the class, whilst noting that the individual claimants need not be identical.
LEGAL COMMENTARY: A party moving for summary judgment must make a "prima facie showing of his or her entitlement to judgment as a matter of law, tendering sufficient (non-hearsay) evidence to eliminate any material issues of fact
." After the defendant made a prima facie showing of entitlement to judgment as a matter of law On the issue of proximate cause.
In court on Monday, attorney Robert Giuffra, who represents the banks, repeated his argument that disputed issues of fact
warrant a trial.
There are "triable issues of fact
as to whether defendants knew of, or participated in the fraudulent aspects of the Gen Re and Capco schemes," the court wrote, "given the nature and degree of their personal involvement in both of the challenged transactions, as well as defendants' responsibilities within the corporation."
Martinez contended that this was sufficient to raise triable issues of fact
. Both the trial court and appellate court disagreed.
In response to his prima facie showing of entitlement to judgment as a matter of law, the plaintiff submitted proof in admissible form establishing the existence of material issues of fact
as to whether Dr.
He also found there were issues of fact
about what percentage of the damage was caused by flood waters, and how much was caused by wind.
In addition, the circuit court concluded that material issues of fact
remain with respect to whether the plaintiff had established that she was constructively discharged due to the hostile work environment and, perhaps, most important, if she was constructively discharged, whether that would amount to a tangible employment action, meaning no defense to liability could be offered.
The court held that summary judgment was precluded by material issues of fact
as to whether prison officers subjected the inmate to lockdown, frequent cell searches and other forms of discipline, in retaliation for his work as a prison library clerk and his filing of numerous grievances.
Citing the need to resolve issues of fact
, the court held that the trial court has to ascertain which party controls the partnership to determine whether St.