Articles Posted in Uncategorized

A man was injured while participating in a basic rider training class conducted by Motorcycle Safety Foundation, Inc. at Cerritos Community College. He brought a California motorcycle accident case, and the defendants moved for summary judgment, citing a waiver signed by the plaintiff. The trial court granted summary judgment. The California Court of Appeals for the Second District affirmed.

motorcycle
The defendants asserted the waiver and release signed by the plaintiff barred all of his causes of action. Under the terms of the waiver, the plaintiff released the defendants from all injuries caused by their negligence or the negligence of others. The defendants met their initial burden of production, the appeals court held. Therefore, the burden shifted to the plaintiff to show a triable issue of material fact existed.

The plaintiff contended the gross negligence cause of action survived the waiver. However, the appeals court reasoned, the plaintiff’s only document in support was the unverified first amended complaint. A party cannot rely on its own pleadings as evidence to support or oppose a summary judgment motion. California Code of Civil Procedure section 437c, subdivision (b)(1) requires the opposing party to demonstrate a triable issue of material fact by “affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.” The appeals court concluded that the plaintiff failed to demonstrate a triable issue of material fact existed for gross negligence. The defendants were therefore entitled to judgment as a matter of law as to that cause of action.

Contact Information