Stonegate Riverside, LLC v. Paik
Summary judgment shall be granted if all the submitted papers show there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., 437c, subd. (c).) A defendant meets its burden of showing that cause of action has no merit if it shows that one or more elements of the cause of action cannot be established, or that there is a complete defense. ( 437c, subd. (p)(2).) If the defendant meets that burden, the burden shifts to the plaintiff to show triable issues of material fact exist. (Ibid.) On appeal, Court review the trial courts decision de novo. (Wiener v. Southcoast Childcare Centers, Inc. (2004) 32 Cal.4th 1138, 1142.) Court identify the issues raised by the pleadings, determine whether the moving party has negated the opponents claims, and determine whether the opposition demonstrates the existence of triable factual issues. (Silva v. Lucky Stores, Inc. (1998) 65 Cal.App.4th 256, 261.)
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