City of Emeryville v. Superior Court

Opinion

MERRILL, Acting P. J.

We address the question of whether a court has jurisdiction to grant summary judgment or summary adjudication when the defendant presents a valid defense. Between 1939 and 1991 the answer was clear and affirmative. In 1990, the Legislature amended the summary judgment statute to solve different problems and in the process cast doubt upon well-established law. We grant a writ of mandate to restate the defendant’s right to establish a defense.

The City of Emeryville (Emeryville) is a cross-defendant in an action brought by a motorist injured in a collision between her…