Runnymede Holdings, LLC v. Foster (2023)

Citation: Runnymede Holdings, LLC v. Foster (2023)
Parent Document: Runnymede Holdings, LLC v. Foster (2023)
Jurisdiction: California (state)
Effective Date: 2023-11-01
Original Source: https://www.courtlistener.com/opinion/9436573/runnymede-holdings-llc-v-foster/ ↗

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          The record before us is not clear regarding the bases for the court’s conclusion. To the extent
the trial court weighed plaintiff’s lack of any evidence or inferences to be drawn from that against
Foster’s evidence and inferences to be drawn from it as though it was sitting as the trier of fact, the
California Supreme Court counsels us in Aguilar that the court may not grant a motion for summary
judgment “‘based on inferences …, if contradicted by other inferences or evidence, which raise a triable
issue as to any material fact.”’ (Aguilar, supra, 25 Cal.4th at p. 856 (citing § 437c, subd. (c)).) The
trial court is permitted to determine what any evidence or inference could show or imply to a
reasonable trier of fact; but, in so doing, it does not decide on any finding on its own, it only decides
what finding such a trier of fact could make for itself. (Ibid.) Nothing in the record indicates the court
undertook such a weighing and analysis.

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