Medieval Guy wrote:
sfcityduck wrote:
Summary judgments are routinely reversed on appeal.  I've successfully appealed summary judgments, and I've had them in my client's favor overturned.

Routinely?!?
Yes.  By routine I mean that it is not unusual at all.  Not that all MSJs, or even a majority, are reversed. 

One reason for this is that summary judgments are reviewed under the "de novo" standard of review in which the Court of Appeal gives zero deference to the trial court's ruling and instead looks at the issue completely afresh.  It is much easier to obtain reversal of a MSJ under the de novo review standard than it is to obtain reversal of a trial court judgment because those are subject to higher standards of review which give deference to the trial court.

    

Last Edited By: sfcityduck Jul 29 11 1:54 PM. Edited 1 times.