Fred v. Pacific Indemnity Company

DISSENTING OPINION OF

MARUMOTO, J.

I dissent. I would reverse and remand to the circuit court, but not to have a judgment entered in favor of appel*392lant. Remand would be for further proceedings.

The circuit court granted appellee’s motion for summary judgment, and denied a like motion for appellant, upon the piosture of the case at the time the motions were heard. In my opinion, the posture of the case at that time was such that neither appellant nor appellee was entitled to summary judgment.

For appellant to be entitled to summary judgment, the pleadings and other papers, which may properly be…