It is also clear that an evasive denial, one that does not "specifically deny the matter," or a response that does not set forth "in detail" the reasons why the answering party cannot truthfully admit or deny the matter, may be deemed an admission. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The son provided answers for 14 of the requests, but refused to answer the questions regarding his father's mental capacity to create wills in 2016, 2004, 2001, and 2000. Establishing the absence of a triable issue requires the nonmoving party to respond by alleging specific facts demonstrating the existence of a genuine issue of material fact. Generally you find out that the other side is using deemed admissions as the basis for summary judgment when you receive the motion. Requests for Admissions ("RFAs") permit any party to request any other party to admit: (1) the truth of specified matters of fact, opinion relating to fact, or application of law to fact; or (2) the genuineness of specified documents. NEPLP has willfully ignored this requirement by making no effort whatsoever to inquire into the merits of this lawsuit. ABE is awarded sanctions against Minghella and h 1) Motion to Compel Production - GRANTED If necessary you may need to ask the court for a continuance on the motion for summary judgment to give you the time you need. (2) An objection to a particular request is without merit or too general. Proc., 2033.290. The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It also has legal malpractice overtones to it because someone screwed up by not getting the answers in on time and the ramifications for their client are harsh. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. Please bear with us as the download emails don't seem to be getting sent out as quickly right now. Plaintiff's Request for Admission Should Be Deemed Admitted NEPLP has flounted Mass. to the requests, including one based on privilege or on the protection for work product The court shall grant a motion to deem admitted requests for admissions, "unless if finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with 2033.220 ." ( Code Civ. > > Read More.. Effect of Admission ********************************* 4. You will likely need to file more than once to win your case in court. (Code Civ. (c) Unless notice of this motion is given within 45 days of the service of the verified If this happens you should immediately request a continuance to address the admissions. Requests for admissions are a convenient way for each party to admit or deny . Directions. P. 36(a)) Unless the responding party states an objection or asserts a privilege, the responding party must specifically admit or deny the request or explain in detail the reasons that the responding party cannot admit or deny the request. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Asea, Inc. v. Southern Pacific Transp. The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Proc. F. Lake Fill Permit Fee . 2030.290(c).) If a party fails to serve a timely response, the requesting party may move for an order that the requests be deemed admitted. Requests for Admissions are Deemed Admitted or (2) . Your subscription has successfully been upgraded. Is Credit Reporting an Attempt to Collect a Debt? Denial of that motion was also affirmed. 203328003.) (1973) Rule 36, tracking amended Federal Rule 36, governs Requests for Admission, a procedure long familiar to Massachusetts practitioners as "Notices to Admit", GL c. 231, 69. (Code Civ. Your subscription was successfully upgraded. If this were the case, every defendant would wait a few years before investigating a lawsuit because they might have a valid motion for summary judgment. 2d 1125 (Fla. 4 th DCA 1987) In this case, the defendant failed to seek relief from admissions and didn't file a response to the plaintiff's requests for admissions, although they were six months overdue. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2033.280 - last updated January 01, 2019 Sample Motion to Have Matters Deemed Admitted for California. (See Exhibit #5.) The request for admission shall not exceed 30 requests, including all subparts, unless the court permits a larger number on motion and notice and for good cause, or the parties propounding and responding to the requests stipulate to a larger number. The party requesting the admission may move to determine the sufficiency of an answer or objection that it deems insufficient. (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776 (service of substantially compliant responses prior to the hearing on the deemed admitted motion will defeat a propounding partys attempt to have the requests deemed admitted). This can have horrible consequences in your case as the other side may use these deemed admissions against you either at trial or at a summary judgment hearing. Representing Yourself (Pro Se)? By bringing a Motion to Compel Answers to Requests for Admissions the propounding party gets the answers they want, keeps peace during the litigation and prevents the discovery process from escalating to an all-out war. Ct. (1972) 22 CA 3d 812 at page 815 the Second District Court of Appeal stated, We do not see, however, how any court can force a litigant to admit any particular fact if he is willing to risk a perjury prosecution or financial sanctions. 2023.010, 2031.320. Motions to Com ..to serve responses. We noticed that you're using an AdBlocker. more analytics for Barmann, Bernard C., Jr. Motion to Deem Facts Admitted Granted - Ruling, Vizcon Construction Company, Inc. VS Aitken & Associates, Notice of Withdrawal.Motion to Deem Facts Admitted, ORDER DENYING PLAINTIFF'S MOTION TO DEEM FACTS ADMITTED, Motion re: - MOTION RE: TO DEEM FACTS ADMITTED, ESTHER TENDO ATAM VS SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP (SCPMG),, Motion to Deem Facts Admitted Taken Under Submission - Ruling, Order Granting Motion to Deem Facts Admitted Filed - Filing, SALVADOR MIRANDA vs. FRANCISCO SUAREZ, et al, Motion for Discovery of Police Officer Misconduct Records (Pitchess Motion), MID-CENTURY INSURANCE COMPANY VS GALE TATE, ANCHOR BAY ENTERTAINMENT LLC VS LINDSAY DUNLAP ET AL, Back Bay Center, Ltd. vs. VM Super Saiyan LLC. (See Exhibit #5.) The motions judge is required to look at "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any" to determine if summary judgment is proper. We noticed that you're using an AdBlocker, MOTION TO - FOR - DEEM REQUESTS FOR ADMISSIONS ADMITTED. try clicking the minimize button instead. On August 27, 2019 a case was filed No separate statement is required when no response has been provided to the discovery. Accordingly, these requests for admission should be deemed admitted. Your content views addon has successfully been added. The statute states " the court shall make this order unless "proposed responses are in substantial compliance with C.C.P 2030.210, C.C.P. You will lose the information in your envelope, Order Filed Re: - ORDER ON PLAINTIFFS MOTION TO DEEM FACTS ADMITTED FILED. We are currently collect data for this state. the sanction unjust. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Plaintiff further seeks as a sanction attorneys fees for the filing of this motion and its efforts to seek compliance with Massachusettss discovery rules. Plaintiff Anchor Bay Entertainment, LLCs Motion to Compel Responses to Request for Production of Docu ..served by the date of hearing on this motion. 2033.230 " are filed before the hearing. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2033-290/, Read this complete California Code, Code of Civil Procedure - CCP 2033.290 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (Code Civ. Motion to Deem Requests for Admissions and Genuineness of Documents Admitted The court may lengthen or shorten the time when special situations require it. The following are common times for deemed admissions to become an issue: McHam Law In no case may a request for admission refer to a definition not contained within the request for admission or preamble. (a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (1) An answer to a particular request is evasive or incomplete. The Patriots sought to remove, first on diversity and then, in a subsequent motion, claiming federal preemption. Attorneys or parties in the State of California who wish to view a portion of a sample motion for an order having matters deemed admitted containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below. Each request must state in concise language the admission requested. You should consult an attorney for advice regarding your individual situation. However, there is one additional thing you need to be aware of YOU NEED TO FILE THIS MOTION IF YOU WANT COST OF PROOF SANCTIONS! 550, 553, 340 N.E.2d 877 (1976). 2033.280(c). %PDF-1.5
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Rule 36 - Requests for Admission. ), For motions to deem RFAs admitted, even where the motion is defeated by the provision of responses, it is mandatory for the court to impose a monetary sanction on the party or attorney who failed to serve timely responses to the RFAs, thus necessitating the motion in the first place. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. As a Participant in the Miami-Dade County Housing Choice Voucher (HCV) Program, you have the right to request an interim re-examination appointment due to a change in income or household composition or to request the addition of a Live-In Aide. If you mailed the Requests for Admission, they have 33 days since the date they were mailed, to mail responses back to you. Motion for Admissions be Deemed Admitted This motion is quick and dirty. 93, 96-97 (W.D.Mo. We will email you Trial is set for November 8, 2003. with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. "Requests for Admissions; Motion to Have Admissions Deemed Admitted". They are written in a yes or no format that does not allow for explanations. Stay up-to-date with how the law affects your life. The opponent bears the burden of moving for relief . by Defendant has willfully ignored the plain language of Rule 36 that an answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. The Rule further states that a matter may be deemed admitted if the answer "does not comply with the requirements of this rule.". Requests for admission are written requests sent during the discovery process of a lawsuit. 2030.290(c), 2031.300(c), 2033.280(b). In the case of Hoguin v. Sup. The discovery deadline has been extended from December 28, 2002 to June 1, 2003. The last case I referred to them settled for $1.2 million. Contact us. Your alert tracking was successfully added. (1) Scope. There are three parts of Discovery you can propound on your adversaries: This post is going to look at Admissions. All rights reserved. P., Rule 36. It is not uncommon for the attorney who sent the requests for admissions to not mention that no response was made. under Section 2016.040. 419, 422, 456 N.E.2d 1123 (1983); Community Nat'l Bank v. Dawes, 369 Mass. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Defendant. Case No. However, Ms. Park had moved to withdraw the admissions. I understand that submitting this form does not create an attorney-client relationship. R. Civ. Accordingly, these averments should be deemed admitted. Required fields are marked *. 13785 Research Blvd, Suite 125 1 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>>>>>
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If you have no reply to your Request for admissions, you need to file a MOTION TO DEEM FACTS ADMITTED. In the Admission and Summary Judgment Motion, Plaintiff requested that its Request for Admissions be deemed admitted due to Defendant's failure to respond to that Request for Admissions. !_X\~])O@sjcPYvbQ!vHC[52L!~,}w&}:@w|}`lL}e~(&t~w/Tog+I. Using discovery to reach evaluation, mediation and trial goals. P., Rule 36. Div. (See Exhibit #4 and #9.) Defendants motion for summary judgment is scheduled for April 23, 2003, leaving Plaintiff little time after this hearing to conduct and follow-up on discovery against the Patriots in a meaningful way. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. During Summary Judgment. with Sections 2033.210, 2033.220, and 2033.230. Plaintiff has not denied the allegations in Plaintiffs Complaint, which makes out a prima facie case against it. Failure to deem admitted these requests for admission would leave Plaintiff substantially prejudiced. Proc. They can: Here, such a sanction is appropriate. P. 1.370(a). (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration P. Rule 36 Requests for Admission are deemed admitted unless the party to whom the requests are directed affirmatively admits or denies the request within 30 days after service of the request of being served. 12).) R. Civ. If you have not received responses to your Requests for Admissions, then you can file the motion. (See Exhibit #8 which demonstrates that 27 months ago, PEPLPs knew all of the facts upon which bases its motion for summary judgment.) Vaxter, Shantanice D, Proc., 2033.210. On April 1, 2005, Clarence P. Shoffner, Debtors' prior Counsel, Proc. against A response must fairly meet the substance of the request. Contact us. Bringing a motion to have matters deemed admitted throws down the gauntlet in the discovery process. under Chapter 7 (commencing with Section 2023.010). Proc. Save my name, email, and website in this browser for the next time I comment. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Prac. Accessing Verdicts requires a change to your plan. party waives any right to compel further response to the requests for admission. The court, on motion, may relieve that party from this waiver on its determination (1) The normal time for response to a request for admissions is lengthened from 10 to 30 days, conforming more closely to prevailing practice. (See Exhibit 17), NEPLP, consistent with its handling of the rest of this case, has ignored Plaintiffs discovery requests that are now four months past due.1. If you have no reply to your Request for admissions, you need to file a MOTION TO DEEM FACTS ADMITTED. In Allen-Pacific, the defendants response to the RFAs provided prior to the initial hearing on plaintiffs motion failed to conform to the statutory prescription of Code of Civil Procedure 2033(g) because it was not signed by the individual defendant and was not under oath. Particularly, what to do if your request for admissions is not responded to. There are several different times that the problem may appear or it may never. When Do I Have to Bring a Motion to Compel Written Discovery? The NEPLP did proceed, however, to serve interrogatories and requests for production of documents to seek the details of Plaintiffs case on May 7, 2001. An answering party may only give lack of information or knowledge as a reason for failing to admit or deny if it states that it has made reasonable inquiry and that the information known or readily obtainable by it is insufficient to enable it to admit or deny. when new changes related to " are available. Pederson v. Time, Inc., supra at 17. 2033.280(a)(1)-(2).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the partys failure to respond was the result of mistake, inadvertence, or excusable neglect. You have to request that the Motion be placed on a . If objection is made, the reasons therefor must be stated. The matter is admitted unless, within 21 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but, unless the court (Code of Civ. FCRA. It is undisputed that failure to answer or object to a proper request for admission is itself an admission: the Rule itself so states. 10 (Code Civ. Only terms actually used in the request for admission may be defined. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion. and Towson; Carroll County including Westminster; Frederick County including Frederick; Harford County including Abingdon, Bel Air, Belcamp, and Forest Hill; Montgomery County including Germantown and Rockville; Howard County including Ellicott City and Columbia, Washington, D.C. and Washington County including Hagerstown. Callous disregard of discovery responsibilities cannot be condoned. 2033.290(c).). In the alternative, this Court should issue an order deeming admitted Plaintiffs Requests for Admission served on September 27, 2002. Rule 3.740 Collections $10,000 or Less Limited, Fraud (no contract) (General Jurisdiction), 1 Here is an example: DECLARATION IN SUPPORT OF MOTION TO DEEM FACTS ADMITTED. Permit Application Fee: $400.00 Check shall be made payable to "Miami-Dade County". | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2033-280/. That the statements contained in the request for admission should be deemed admitted by reason of defendants' failure to answer the same as provided in said . Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Last. [CCP 2033.010.] Also, in case you missed out and have not propounded your Request for Admissions, here is an example. (See Exhibit #1.) RULING RE: Code of Civil Procedure 2033.280(c) provides that the court shall deem the matters admitted unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Code of Civil Procedure 2033.220. If the court determines that an answer is insufficient, the court shall order either that an amended answer be served or that the matter be deemed admitted. A motion to have the matters specified in requests for admission deemed admitted in California is also known as an order establishing the truth of each matter specified in the requests for admissions that were served on the other party. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) 4th 618, 633. (See Exhibit #10.). under Chapter 4 (commencing with Section 2018.010). 14, 16-17 (1989). (c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. A request for admission (sometimes also called a request to admit) is a set of statements sent from one litigant to an adversary, . 2033.280(c). Also, add 3 days for mailing. Requests for admissions are very useful in that they allow a party to get certain admissions or denials of issues relevant to the lawsuit on record before the trial, as well as authenticating certain documents. The Appellate Court held that deemed admissions under Rule 2-424 (b) are not discovery sanctions. R. Civ. A request for admission may relate to a matter that is in controversy between the parties." Code Civ. Track Judges New Case, Geovera Specialty Insurance Company 3 https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2033-280/, Read this complete California Code, Code of Civil Procedure - CCP 2033.280 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 2033.280(b).) Check your local rules, but generally your adversary has 30 days to respond to your Request for Admissions. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Defendants conduct has also been worthy of such a sanction because they have blithely and willfully ignored their discovery obligations in a way that has substantially impeded Plaintiffs ability to conduct meaningful discovery. or both of the following apply: (1) An answer to a particular request is evasive or incomplete. 1973). (Code Civ. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Even assuming that such a tactic could be theoretically employed at the outset of a case, the time has long passed for this Defendant to rely on this defense. If you can get an order establishing the truth of each matter specified in the requests for admissions that will greatly increase your chances of prevailing at trial. This may sway the judge or jury into discounting the admissions, though they do not have to. Rule of Court Changes for Remote Depositions, You Harm Your Clients Interest When You Craft or Transmit Evasive Discovery Responses. Code Civ. Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. 2030.280 (a). ********************************* 2. Within 30 days after service of the requests for admissions, the party to whom the requests are directed "shall respond in writing under oath separately to each request." Code of Civ. (e) If a party then fails to obey an order compelling further response to requests (See Exhibit #4.) For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. For example, you can write: "According to Utah Rule of Civil Procedure 36(A), each Request for Admission is admitted unless the party to whom the requests were directed serves a written . > > Read More.. Effect of Admission (See Exhibit #7.) The Patriots have not made a reasonable inquiry into the facts and circumstance of this lawsuit, contending that their motion for summary judgment should be heard before they make the effort to investigate Plaintiffs claims. We have notified your account executive who will contact you shortly. Instead, they arise by operation of law. Phone: (512) 788-3554 Yet Defendant still refused to answer Plaintiffs complaint and discovery. I am so grateful that I was lucky to pick Miller & Zois. 419, 422, 456 N.E.2d 1123 (1983); Community Nat'l Bank v. Dawes, 369 Mass. The case settled and I got a lot more money than I expected. [TENTATIVE] ORDER RE: MOTIONS TO COMPEL ANSWERS TO FORM INTERROGATORIES AND SPECIAL INTERROGATORIES; MOTION TO DEEM FACTS ADMITTED At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. You need to bring this motion if any of the following are in the responses: Another aspect to this motion is that you cant compel a party to admit even if they made the same admission in a deposition or in interrogatories. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, Your subscription has successfully been upgraded. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. Proc. Fla. R. Civ. Search Instructions. Deemed admissions are an excellent basis for a motion for summary judgment because they are considered to be statements by the party that failed to respond that admit guilt or at least the elements that the moving party must prove in order to win the motion for summary judgment. You need to solve the problem before the hearing on the motion for summary judgment occurs. This court has the power to sanction a defendant by deeming admitted Plaintiffs Request for Admission. 4 Unless the court determines that an objection is justified, it will order that an answer be served. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26 (b) (1) relating to: (A) facts, the application of law to fact, or opinions about either; and. The procedural requirements for a Motion to Compel Further Responses is the same as for the other discovery devices. Particularly, what to do if your request for admissions is not responded to. This motion is quick and dirty. Though they appear to be the same motions you would use for interrogatories, inspection demands, and depositions there are a few noteworthy twists and turns. The most important thing about admissions is that there is a deadline by which they must be answered and if you fail to respond in a timely manner they are deemed admitted. by clicking the Inbox on the top right hand corner. Click the on our main page to search for what you are looking for. Mass. Motion for Admissions to be Deemed Admitted may be filed pursuant to C.C.P. (2) The partys failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (2) In lieu of a separate statement required under the California Rules of Court, The answer must specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. For full print and download access, please subscribe at https://www.trellis.law/. You can always see your envelopes (Code Civ. to compel further response, unless it finds that the one subject to the sanction acted Each matter of which an admission is requested shall be separately set forth. A motion to compel answers to requests for admissions in the absence of a response may seem to be a wasted motion when you have the ability to bring a motion to have matters deemed admitted. the court may allow the moving party to submit a concise outline of the discovery R. Civ. Your credits were successfully purchased. 267 117, 120 (1997). Hearing Date: October 4, 2018 Proc. The court shall grant a motion to deem admitted requests for admissions, unless if finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with 2033.220. (Code Civ. Kourouvacilis v. General Motors Corp., 410 Mass. You will lose the information in your envelope, VAXTER, CHRISTOPHER J et al vs GEOVERA SPECIALTY INSURANCE COMPANY. Plaintiff Anchor Bay Entertainment, LLCs Motion to Deem Facts Admitted shall be GRANTED if code-compliant and objection-free responses are not served by the date of hearing on this motion. (Code Civ. They are currently arriving within 30 minutes of purchase. Proc. O.C.G.A. Unlike the other discovery statutes dealing with the failure to respond, C.C.P. 5 (a) Scope and Procedure. Yet, there are benefits in choosing this motion. Although counsel may verify a pleading when his client is absent from the county where counsel has his office (Code Civ. Guide: Civil Procedure Before Trial (TRG 2020), 8:1375.1 citing Wilcox v. Birtwhistle (1999) 21 C4th 973, 979. (Steele v. Totah (1986) 180 Cal.App.3d 545, 550; see also CCP 2033.) Another California Court of Appeal has stated in a published case that there is not time limit on filing a motion to have the matters deemed admitted. The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and that the summary judgment record entitles him or her to judgment as a matter of law.
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