Stutz law firm's
defamation lawsuit
against this website
defamation lawsuit
against this website
Deposition of Ray Artiano
by the author of this
website (with Dan
Shinoff acting as
Artiano's counsel)
by the author of this
website (with Dan
Shinoff acting as
Artiano's counsel)
All blog posts re Stutz
Defamation lawsuit
against this website
Defamation lawsuit
against this website
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See also:
April 6, 2009:
Stutz defamation lawsuit trial
against this website delayed
Stutz defamation lawsuit trial
against this website delayed
Stutz filed suit on Oct. 5,
07 for defamation against
the author of this website
07 for defamation against
the author of this website
Dan Shinoff's winning
declaration (after
refusing to be deposed
or to turn over
documents)
declaration (after
refusing to be deposed
or to turn over
documents)
Attorney Mark Bresee
Bresee and Werlin
Bresee OAH hearing
Bresee and school
attorneys
Bresee and Werlin
Bresee OAH hearing
Bresee and school
attorneys
| The Claudia Houston case (Atty. Dan Shinoff) |
| Lindsey Stewart case |
| David Alberts v. Atty. Dan Shinoff--Defamation case involving atty. Deborah K. Garvin. (Garvin perjury.) |
School lawyers v.
parents and students
parents and students
| Fred Kamper case (Atty. Dan Shinoff) |
| June 2007 Supreme Court Decision against CTA regarding child sexual abuse |
 |
 |
 |
 |
| Vista USD/Guajome Park sues student for exposing teachers who changed grades |
School Attorneys
| Blogs |
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
San Diego
Education Report
Education Report
CAL. CCP. CODE § 437c :
California Code - Section 437c
Search CAL. CCP. CODE § 437c :
California Code - Section 437c
Search by Keyword or Citation
(a)Any party may move for
summary judgment in any action or
proceeding if it is contended that
the action has no merit or that
there is no defense to the action or
proceeding. The motion may be
made at any time after 60 days
have elapsed since the general
appearance in the action or
proceeding of each party against
whom the motion is directed or at
any earlier time after the general
appearance that the court, with or
without notice and upon good
cause shown, may direct. Notice of
the motion and supporting papers
shall be served on all other parties
to the action at least 75 days
before the time appointed for
hearing. However, if the notice is
served by mail, the required 75-day
period of notice shall be increased
by five days if the place of address
is within the State of California, 10
days if the place of address is
outside the State of California but
within the United States, and 20
days if the place of address is
outside the United States, and if
the notice is served by facsimile
transmission, Express Mail, or
another method of delivery
providing for overnight delivery, the
required 75-day period of notice
shall be increased by two court
days. The motion shall be heard
no later than 30 days before the
date of trial, unless the court for
good cause orders otherwise. The
filing of the motion shall not extend
the time within which a party must
otherwise file a responsive
pleading.
(b)(1)The motion shall be
supported by affidavits,
declarations, admissions,
answers to interrogatories,
depositions, and matters of which
judicial notice shall or may be
taken. The supporting papers shall
include a separate statement
setting forth plainly and concisely
all material facts which the moving
party contends are undisputed.
Each of the material facts stated
shall be followed by a reference to
the supporting evidence. The
failure to comply with this
requirement of a separate
statement may in the court's
discretion constitute a sufficient
ground for denial of the motion.
(2)Any opposition to the motion
shall be served and filed not less
than 14 days preceding the noticed
or continued date of hearing,
unless the court for good cause
orders otherwise. The opposition,
where appropriate, shall consist of
affidavits, declarations,
admissions, answers to
interrogatories, depositions, and
matters of which judicial notice
shall or may be taken.
(3)The opposition papers shall
include a separate statement that
responds to each of the material
facts contended by the moving
party to be undisputed, indicating
whether the opposing party agrees
or disagrees that those facts are
undisputed. The statement also
shall set forth plainly and concisely
any other material facts that the
opposing party contends are
disputed. Each material fact
contended by the opposing party to
be disputed shall be followed by a
reference to the supporting
evidence. Failure to comply with
this requirement of a separate
statement may constitute a
sufficient ground, in the court's
discretion, for granting the motion.
(4)Any reply to the opposition shall
be served and filed by the moving
party not less than five days
preceding the noticed or continued
date of hearing, unless the court
for good cause orders otherwise.
(5)Evidentiary objections not made
at the hearing shall be deemed
waived.
(6)Except for subdivision (c) of
Section 1005 relating to the
method of service of opposition
and reply papers, Sections 1005
and 1013, extending the time
within which a right may be
exercised or an act may be done,
do not apply to this section.
(7)Any incorporation by reference of
matter in the court's file shall set
forth with specificity the exact
matter to which reference is being
made and shall not incorporate the
entire file.
(c)The motion for summary
judgment shall be granted if all the
papers submitted show that there
is no triable issue as to any
material fact and that the moving
party is entitled to a judgment as a
matter of law. In determining
whether the papers show that
there is no triable issue as to any
material fact the court shall
consider all of the evidence set
forth in the papers, except that to
which objections have been made
and sustained by the court, and all
inferences reasonably deducible
from the evidence, except
summary judgment may not be
granted by the court based on
inferences reasonably deducible
from the evidence, if contradicted
by other inferences or evidence,
which raise a triable issue as to
any material fact.
(d)Supporting and opposing
affidavits or declarations shall be
made by any person on personal
knowledge, shall set forth
admissible evidence, and shall
show affirmatively that the affiant is
competent to testify to the matters
stated in the affidavits or
declarations. Any objections based
on the failure to comply with the
requirements of this subdivision
shall be made at the hearing or
shall be deemed waived.
(e)If a party is otherwise entitled to
a summary judgment pursuant to
this section, summary judgment
may not be denied on grounds of
credibility or for want of
cross-examination of witnesses
furnishing affidavits or declarations
in support of the summary
judgment, except that summary
judgment may be denied in the
discretion of the court, where the
only proof of a material fact offered
in support of the summary
judgment is an affidavit or
declaration made by an individual
who was the sole witness to that
fact; or where a material fact is an
individual's state of mind, or lack
thereof, and that fact is sought to
be established solely by the
individual's affirmation thereof.
(f)(1)A party may move for
summary adjudication as to one or
more causes of action within an
action, one or more affirmative
defenses, one or more claims for
damages, or one or more issues
of duty, if that party contends that
the cause of action has no merit or
that there is no affirmative defense
thereto, or that there is no merit to
an affirmative defense as to any
cause of action, or both, or that
there is no merit to a claim for
damages, as specified in Section
3294 of the Civil Code, or that one
or more defendants either owed or
did not owe a duty to the plaintiff or
plaintiffs. A motion for summary
adjudication shall be granted only
if it completely disposes of a cause
of action, an affirmative defense, a
claim for damages, or an issue of
duty.
(2)A motion for summary
adjudication may be made by itself
or as an alternative to a motion for
summary judgment and shall
proceed in all procedural respects
as a motion for summary
judgment. However, a party may
not move for summary judgment
based on issues asserted in a
prior motion for summary
adjudication and denied by the
court, unless that party establishes
to the satisfaction of the court,
newly discovered facts or
circumstances or a change of law
supporting the issues reasserted
in the summary judgment motion.
(g)Upon the denial of a motion for
summary judgment, on the ground
that there is a triable issue as to
one or more material facts, the
court shall, by written or oral order,
specify one or more material facts
raised by the motion as to which
the court has determined there
exists a triable controversy. This
determination shall specifically
refer to the evidence proffered in
support of and in opposition to the
motion which indicates that a
triable controversy exists.
Upon the grant of a
motion for summary
judgment, on the ground
that there is no triable
issue of material fact,
the court shall, by
written or oral order,
specify the reasons for
its determination. The
order shall specifically
refer to the evidence
proffered in support of,
and if applicable in
opposition to, the motion
which indicates that no
triable issue exists. The
court shall also state its
reasons for any other
determination. The court
shall record its
determination by court
reporter or written order.
(h)If it appears from the affidavits
submitted in opposition to a
motion for summary judgment or
summary adjudication or both that
facts essential to justify opposition
may exist but cannot, for reasons
stated, then be presented, the
court shall deny the motion, or
order a continuance to permit
affidavits to be obtained or
discovery to be had or may make
any other order as may be just. The
application to continue the motion
to obtain necessary discovery may
also be made by ex parte motion at
any time on or before the date the
opposition response to the motion
is due.
(i)If, after granting a continuance to
allow specified additional
discovery, the court
determines that the party
seeking summary judgment
has unreasonably failed to
allow the discovery to be
conducted, the court shall
grant a continuance to
permit the discovery to go
forward or deny the motion
for summary judgment or
summary adjudication. This
section does not affect or limit the
ability of any party to compel
discovery under the Civil Discovery
Act (Title 4 (commencing with
Section 2016.010) of Part 4).
(j)If the court determines at any
time that any of the affidavits are
presented in bad faith or solely for
purposes of delay, the court shall
order the party presenting the
affidavits to pay the other party the
amount of the reasonable
expenses which the filing of the
affidavits caused the other party to
incur. Sanctions may not be
imposed pursuant to this
subdivision, except on notice
contained in a party's papers, or on
the court's own noticed motion,
and after an opportunity to be
heard.
(k)Except when a separate
judgment may properly be
awarded in the action, no final
judgment may be entered on a
motion for summary judgment
prior to the termination of the
action, but the final judgment shall,
in addition to any matters
determined in the action, award
judgment as established by the
summary proceeding herein
provided for.
(l)In actions which arise out of an
injury to the person or to property, if
a motion for summary judgment
was granted on the basis that the
defendant was without fault, no
other defendant during trial, over
plaintiff's objection, may attempt to
attribute fault to or comment on the
absence or involvement of the
defendant who was granted the
motion.
(m)(1)A summary judgment
entered under this section
is an appealable judgment
as in other cases.
Upon entry of any order
pursuant to this section,
except the entry of
summary judgment, a party
may, within 20 days after
service upon him or her of
a written notice of entry of
the order, petition an
appropriate reviewing
court for a peremptory
writ. If the notice is served
by mail, the initial period
within which to file the
petition shall be increased
by five days...
(2)Before a reviewing
court affirms an order
granting summary
judgment or summary
adjudication on a ground
not relied upon by the trial
court, the reviewing court
shall afford the parties an
opportunity to present
their views on the issue by
submitting supplemental
briefs. The
supplemental briefing
may include an
argument that
additional evidence
relating to that
ground exists, but
that the party has not
had an adequate
opportunity to present the
evidence or to conduct
discovery on the issue. The
court may reverse or remand
based upon the supplemental
briefing to allow the parties to
present additional evidence or to
conduct discovery on the issue. If
the court fails to allow
supplemental briefing, a rehearing
shall be ordered upon timely
petition of any party.
(n)(1)If a motion for summary
adjudication is granted, at the trial
of the action, the cause or causes
of action within the action,
affirmative defense or defenses,
claim for damages, or issue or
issues of duty as to the motion
which has been granted shall be
deemed to be established and the
action shall proceed as to the
cause or causes of action,
affirmative defense or defenses,
claim for damages, or issue or
issues of duty remaining.
(2)In the trial of the action, the fact
that a motion for summary
adjudication is granted as to one
or more causes of action,
affirmative defenses, claims for
damages, or issues of duty within
the action shall not operate to bar
any cause of action, affirmative
defense, claim for damages, or
issue of duty as to which summary
adjudication was either not sought
or denied.
(3)In the trial of an action, neither a
party, nor a witness, nor the court
shall comment upon the grant or
denial of a motion for summary
adjudication to a jury.
(o)A cause of action has no merit if
either of the following exists:
(1)One or more of the elements of
the cause of action cannot be
separately established, even if that
element is separately pleaded.
(2)A defendant establishes an
affirmative defense to that cause of
action.
(p)For purposes of motions for
summary judgment and summary
adjudication:
(1)A plaintiff or cross-complainant
has met his or her burden of
showing that there is no defense to
a cause of action if that party has
proved each element of the cause
of action entitling the party to
judgment on that cause of action.
Once the plaintiff or
cross-complainant has met that
burden, the burden shifts to the
defendant or cross-defendant to
show that a triable issue of one or
more material facts exists as to
that cause of action or a defense
thereto. The defendant or
cross-defendant may not rely upon
the mere allegations or denials of
its pleadings to show that a triable
issue of material fact exists but,
instead, shall set forth the specific
facts showing that a triable issue
of material fact exists as to that
cause of action or a defense
thereto.
(2)A defendant or cross-defendant
has met his or her burden of
showing that a cause of action has
no merit if that party has shown
that one or more elements of the
cause of action, even if not
separately pleaded, cannot be
established, or that there is a
complete defense to that cause of
action. Once the defendant or
cross-defendant has met that
burden, the burden shifts to the
plaintiff or cross-complainant to
show that a triable issue of one or
more material facts exists as to
that cause of action or a defense
thereto. The plaintiff or
cross-complainant may not rely
upon the mere allegations or
denials of its pleadings to show
that a triable issue of material fact
exists but, instead, shall set forth
the specific facts showing that a
triable issue of material fact exists
as to that cause of action or a
defense thereto.
(q)This section does not extend the
period for trial provided by Section
1170.5.
(r)Subdivisions (a) and (b) do not
apply to actions brought pursuant
to Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3.
(s)For the purposes of this section,
a change in law does not include a
later enacted statute without
retroactive application.
California Code - Section 437c
Search CAL. CCP. CODE § 437c :
California Code - Section 437c
Search by Keyword or Citation
(a)Any party may move for
summary judgment in any action or
proceeding if it is contended that
the action has no merit or that
there is no defense to the action or
proceeding. The motion may be
made at any time after 60 days
have elapsed since the general
appearance in the action or
proceeding of each party against
whom the motion is directed or at
any earlier time after the general
appearance that the court, with or
without notice and upon good
cause shown, may direct. Notice of
the motion and supporting papers
shall be served on all other parties
to the action at least 75 days
before the time appointed for
hearing. However, if the notice is
served by mail, the required 75-day
period of notice shall be increased
by five days if the place of address
is within the State of California, 10
days if the place of address is
outside the State of California but
within the United States, and 20
days if the place of address is
outside the United States, and if
the notice is served by facsimile
transmission, Express Mail, or
another method of delivery
providing for overnight delivery, the
required 75-day period of notice
shall be increased by two court
days. The motion shall be heard
no later than 30 days before the
date of trial, unless the court for
good cause orders otherwise. The
filing of the motion shall not extend
the time within which a party must
otherwise file a responsive
pleading.
(b)(1)The motion shall be
supported by affidavits,
declarations, admissions,
answers to interrogatories,
depositions, and matters of which
judicial notice shall or may be
taken. The supporting papers shall
include a separate statement
setting forth plainly and concisely
all material facts which the moving
party contends are undisputed.
Each of the material facts stated
shall be followed by a reference to
the supporting evidence. The
failure to comply with this
requirement of a separate
statement may in the court's
discretion constitute a sufficient
ground for denial of the motion.
(2)Any opposition to the motion
shall be served and filed not less
than 14 days preceding the noticed
or continued date of hearing,
unless the court for good cause
orders otherwise. The opposition,
where appropriate, shall consist of
affidavits, declarations,
admissions, answers to
interrogatories, depositions, and
matters of which judicial notice
shall or may be taken.
(3)The opposition papers shall
include a separate statement that
responds to each of the material
facts contended by the moving
party to be undisputed, indicating
whether the opposing party agrees
or disagrees that those facts are
undisputed. The statement also
shall set forth plainly and concisely
any other material facts that the
opposing party contends are
disputed. Each material fact
contended by the opposing party to
be disputed shall be followed by a
reference to the supporting
evidence. Failure to comply with
this requirement of a separate
statement may constitute a
sufficient ground, in the court's
discretion, for granting the motion.
(4)Any reply to the opposition shall
be served and filed by the moving
party not less than five days
preceding the noticed or continued
date of hearing, unless the court
for good cause orders otherwise.
(5)Evidentiary objections not made
at the hearing shall be deemed
waived.
(6)Except for subdivision (c) of
Section 1005 relating to the
method of service of opposition
and reply papers, Sections 1005
and 1013, extending the time
within which a right may be
exercised or an act may be done,
do not apply to this section.
(7)Any incorporation by reference of
matter in the court's file shall set
forth with specificity the exact
matter to which reference is being
made and shall not incorporate the
entire file.
(c)The motion for summary
judgment shall be granted if all the
papers submitted show that there
is no triable issue as to any
material fact and that the moving
party is entitled to a judgment as a
matter of law. In determining
whether the papers show that
there is no triable issue as to any
material fact the court shall
consider all of the evidence set
forth in the papers, except that to
which objections have been made
and sustained by the court, and all
inferences reasonably deducible
from the evidence, except
summary judgment may not be
granted by the court based on
inferences reasonably deducible
from the evidence, if contradicted
by other inferences or evidence,
which raise a triable issue as to
any material fact.
(d)Supporting and opposing
affidavits or declarations shall be
made by any person on personal
knowledge, shall set forth
admissible evidence, and shall
show affirmatively that the affiant is
competent to testify to the matters
stated in the affidavits or
declarations. Any objections based
on the failure to comply with the
requirements of this subdivision
shall be made at the hearing or
shall be deemed waived.
(e)If a party is otherwise entitled to
a summary judgment pursuant to
this section, summary judgment
may not be denied on grounds of
credibility or for want of
cross-examination of witnesses
furnishing affidavits or declarations
in support of the summary
judgment, except that summary
judgment may be denied in the
discretion of the court, where the
only proof of a material fact offered
in support of the summary
judgment is an affidavit or
declaration made by an individual
who was the sole witness to that
fact; or where a material fact is an
individual's state of mind, or lack
thereof, and that fact is sought to
be established solely by the
individual's affirmation thereof.
(f)(1)A party may move for
summary adjudication as to one or
more causes of action within an
action, one or more affirmative
defenses, one or more claims for
damages, or one or more issues
of duty, if that party contends that
the cause of action has no merit or
that there is no affirmative defense
thereto, or that there is no merit to
an affirmative defense as to any
cause of action, or both, or that
there is no merit to a claim for
damages, as specified in Section
3294 of the Civil Code, or that one
or more defendants either owed or
did not owe a duty to the plaintiff or
plaintiffs. A motion for summary
adjudication shall be granted only
if it completely disposes of a cause
of action, an affirmative defense, a
claim for damages, or an issue of
duty.
(2)A motion for summary
adjudication may be made by itself
or as an alternative to a motion for
summary judgment and shall
proceed in all procedural respects
as a motion for summary
judgment. However, a party may
not move for summary judgment
based on issues asserted in a
prior motion for summary
adjudication and denied by the
court, unless that party establishes
to the satisfaction of the court,
newly discovered facts or
circumstances or a change of law
supporting the issues reasserted
in the summary judgment motion.
(g)Upon the denial of a motion for
summary judgment, on the ground
that there is a triable issue as to
one or more material facts, the
court shall, by written or oral order,
specify one or more material facts
raised by the motion as to which
the court has determined there
exists a triable controversy. This
determination shall specifically
refer to the evidence proffered in
support of and in opposition to the
motion which indicates that a
triable controversy exists.
Upon the grant of a
motion for summary
judgment, on the ground
that there is no triable
issue of material fact,
the court shall, by
written or oral order,
specify the reasons for
its determination. The
order shall specifically
refer to the evidence
proffered in support of,
and if applicable in
opposition to, the motion
which indicates that no
triable issue exists. The
court shall also state its
reasons for any other
determination. The court
shall record its
determination by court
reporter or written order.
(h)If it appears from the affidavits
submitted in opposition to a
motion for summary judgment or
summary adjudication or both that
facts essential to justify opposition
may exist but cannot, for reasons
stated, then be presented, the
court shall deny the motion, or
order a continuance to permit
affidavits to be obtained or
discovery to be had or may make
any other order as may be just. The
application to continue the motion
to obtain necessary discovery may
also be made by ex parte motion at
any time on or before the date the
opposition response to the motion
is due.
(i)If, after granting a continuance to
allow specified additional
discovery, the court
determines that the party
seeking summary judgment
has unreasonably failed to
allow the discovery to be
conducted, the court shall
grant a continuance to
permit the discovery to go
forward or deny the motion
for summary judgment or
summary adjudication. This
section does not affect or limit the
ability of any party to compel
discovery under the Civil Discovery
Act (Title 4 (commencing with
Section 2016.010) of Part 4).
(j)If the court determines at any
time that any of the affidavits are
presented in bad faith or solely for
purposes of delay, the court shall
order the party presenting the
affidavits to pay the other party the
amount of the reasonable
expenses which the filing of the
affidavits caused the other party to
incur. Sanctions may not be
imposed pursuant to this
subdivision, except on notice
contained in a party's papers, or on
the court's own noticed motion,
and after an opportunity to be
heard.
(k)Except when a separate
judgment may properly be
awarded in the action, no final
judgment may be entered on a
motion for summary judgment
prior to the termination of the
action, but the final judgment shall,
in addition to any matters
determined in the action, award
judgment as established by the
summary proceeding herein
provided for.
(l)In actions which arise out of an
injury to the person or to property, if
a motion for summary judgment
was granted on the basis that the
defendant was without fault, no
other defendant during trial, over
plaintiff's objection, may attempt to
attribute fault to or comment on the
absence or involvement of the
defendant who was granted the
motion.
(m)(1)A summary judgment
entered under this section
is an appealable judgment
as in other cases.
Upon entry of any order
pursuant to this section,
except the entry of
summary judgment, a party
may, within 20 days after
service upon him or her of
a written notice of entry of
the order, petition an
appropriate reviewing
court for a peremptory
writ. If the notice is served
by mail, the initial period
within which to file the
petition shall be increased
by five days...
(2)Before a reviewing
court affirms an order
granting summary
judgment or summary
adjudication on a ground
not relied upon by the trial
court, the reviewing court
shall afford the parties an
opportunity to present
their views on the issue by
submitting supplemental
briefs. The
supplemental briefing
may include an
argument that
additional evidence
relating to that
ground exists, but
that the party has not
had an adequate
opportunity to present the
evidence or to conduct
discovery on the issue. The
court may reverse or remand
based upon the supplemental
briefing to allow the parties to
present additional evidence or to
conduct discovery on the issue. If
the court fails to allow
supplemental briefing, a rehearing
shall be ordered upon timely
petition of any party.
(n)(1)If a motion for summary
adjudication is granted, at the trial
of the action, the cause or causes
of action within the action,
affirmative defense or defenses,
claim for damages, or issue or
issues of duty as to the motion
which has been granted shall be
deemed to be established and the
action shall proceed as to the
cause or causes of action,
affirmative defense or defenses,
claim for damages, or issue or
issues of duty remaining.
(2)In the trial of the action, the fact
that a motion for summary
adjudication is granted as to one
or more causes of action,
affirmative defenses, claims for
damages, or issues of duty within
the action shall not operate to bar
any cause of action, affirmative
defense, claim for damages, or
issue of duty as to which summary
adjudication was either not sought
or denied.
(3)In the trial of an action, neither a
party, nor a witness, nor the court
shall comment upon the grant or
denial of a motion for summary
adjudication to a jury.
(o)A cause of action has no merit if
either of the following exists:
(1)One or more of the elements of
the cause of action cannot be
separately established, even if that
element is separately pleaded.
(2)A defendant establishes an
affirmative defense to that cause of
action.
(p)For purposes of motions for
summary judgment and summary
adjudication:
(1)A plaintiff or cross-complainant
has met his or her burden of
showing that there is no defense to
a cause of action if that party has
proved each element of the cause
of action entitling the party to
judgment on that cause of action.
Once the plaintiff or
cross-complainant has met that
burden, the burden shifts to the
defendant or cross-defendant to
show that a triable issue of one or
more material facts exists as to
that cause of action or a defense
thereto. The defendant or
cross-defendant may not rely upon
the mere allegations or denials of
its pleadings to show that a triable
issue of material fact exists but,
instead, shall set forth the specific
facts showing that a triable issue
of material fact exists as to that
cause of action or a defense
thereto.
(2)A defendant or cross-defendant
has met his or her burden of
showing that a cause of action has
no merit if that party has shown
that one or more elements of the
cause of action, even if not
separately pleaded, cannot be
established, or that there is a
complete defense to that cause of
action. Once the defendant or
cross-defendant has met that
burden, the burden shifts to the
plaintiff or cross-complainant to
show that a triable issue of one or
more material facts exists as to
that cause of action or a defense
thereto. The plaintiff or
cross-complainant may not rely
upon the mere allegations or
denials of its pleadings to show
that a triable issue of material fact
exists but, instead, shall set forth
the specific facts showing that a
triable issue of material fact exists
as to that cause of action or a
defense thereto.
(q)This section does not extend the
period for trial provided by Section
1170.5.
(r)Subdivisions (a) and (b) do not
apply to actions brought pursuant
to Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3.
(s)For the purposes of this section,
a change in law does not include a
later enacted statute without
retroactive application.