Scalf v. D. B. Log Homes, Inc.

Opinion

BUTZ, J.

In D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 [112 Cal.Rptr. 786, 520 P.2d 10] (D’Amico), the California Supreme Court noted that admissions of a party obtained through discovery receive an unusual deference in summary judgment proceedings, and, absent a credible explanation, prevail over that party’s later inconsistent declarations. {Id. at p. 22.) However, later cases have cautioned that D’Amico should not be read “as saying that admissions should be shielded from careful examination in light of the entire record.” (Price v. Wells Fargo Bank (1989) 213…