Legal Opinion · Dissent

Ramsey v. City of Lake Elsinore

California Court of Appeal

Decided June 4, 1990No. E005878Published

1DissentMcDANIEL, J.

I respectfully dissent for the reasons listed below.

A. City Failed to Produce Evidence That It Did Not Control Riverside Drive Near Its Intersection With Joy Street

This is an appeal from the granting of a motion for summary judgment. As the majority points out, “. . . all doubts should be resolved in favor of the party opposing the motion.” (Powell v. Standard Brands Paint Co. (1985) 166 Cal.App.3d 357, 362 [212 Cal.Rptr. 395].) More specifically, as not noted by the majority, “. . . the moving party’s papers are strictly construed, while those of the opposing part[y] are liberally…

2Cases cited12 opinions

  1. Vesely v. SagerCalifornia Supreme Court · 1971
  2. Sprecher v. Adamson CompaniesCalifornia Supreme Court · 1981
  3. Union Transportation Co. v. Sacramento CountyCalifornia Supreme Court · 1954
  4. LaRosa v. Superior CourtCalifornia Court of Appeal · 1981
  5. Conn v. National Can CorporationCalifornia Court of Appeal · 1981

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