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...
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