Appellate Practice
Oct. 27, 2009
On the Contrary, Consistency Counts
Appellate lawyer Paul Kujawsky explains how inconsistency can seal the fate of summary judgment motions.
When Ralph Waldo Emerson remarked dismissively that "a foolish consistency is the hobgoblin of little minds," he wasn't thinking of motions for summary judgment or adjudication. On the contrary - inconsistency in your evidence can doom your attempt to create a triable issue of fact.
That was the holding in Alvis v. County of Ventura, (Oct. 20, 2009, B212337). In that case, an expert's declaration, submitted in opposition to a motion for summary adjudication, contradicted h...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In