Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction: California (state)
Effective Date: 2014-01-23
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

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                                              III
                                     Summary Judgment
A. Standard of Review
       A reviewing court "owe[s] the superior court no deference in reviewing its ruling
on a motion for summary judgment; the standard of review is de novo. [Citation.]"
(Coral Const., Inc. v. City and County of San Francisco (2010) 50 Cal.4th 315, 336.)
Thus, "[w]e review the trial court's decision de novo, liberally construing the evidence in
support of the party opposing summary judgment and resolving doubts concerning the
evidence in favor of that party. (Yanowitz v. L'Oreal USA, Inc. (2005) 36 Cal.4th 1028,
1037 . . . .)" (State v. Allstate Ins. Co. (2009) 45 Cal.4th 1008, 1017-1018.)
       "First, and generally, from commencement to conclusion, the party moving for
summary judgment bears the burden of persuasion that there is no triable issue of
material fact and that he is entitled to judgment as a matter of law. . . . A defendant bears
the burden of persuasion that 'one or more elements of' the 'cause of action' in question
'cannot be established,' or that 'there is a complete defense' thereto. (Id., § 437c, subd.
(o)(2) [now (p)(2)].)" (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850, fn.
omitted.) "There is a triable issue of material fact if, and only if, the evidence would
allow a reasonable trier of fact to find the underlying fact in favor of the party opposing
the motion in accordance with the applicable standard of proof. [Citation.]" (Ibid., fn.
omitted.)
       "Second, and generally, the party moving for summary judgment bears an initial
burden of production to make a prima facie showing of the nonexistence of any triable
issue of material fact; if he carries his burden of production, he causes a shift, and the
opposing party is then subjected to a burden of production of his own to make a prima
facie showing of the existence of a triable issue of material fact." (Ibid.) "Third, and
generally, how the parties moving for, and opposing, summary judgment may each carry

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