California Court of Appeal

Summary judgment in favor of defendants on plaintiffs' complaint for breach of contract and common counts is reversed and remanded, where: 1) plaintiffs' discovery responses generally stated they did not know whether any facts or documents supported various allegations of their complaint; but 2) in light of all the evidence adduced on the motion, a reasonable trier of fact could have credited counsel's explanation that the discovery responses were a mistake and found the contradictory statements in plaintiff Ahn's declaration credible, which was erroneously disregarded by the trial court.

Appellate Information

• Decided 01/22/2014
• Published 01/22/2014

Judges

• KING

Court

• California Court of Appeal

Counsel