Buffalo Arms, Inc. v. Remler Co.

Defendant appeals from a summary judgment. It asserts that its affidavits show certain triable issues of fact, and that therefore the court should not have granted the judgment. We find that the court correctly determined that there was no triable issue of fact, but hold that the judgment should be modified in one respect.

Code of Civil Procedure, section 437e, requires that in the affidavit(s) on motion for summary judgment “the facts . . . shall be set forth with particularity. ...” This section has been on the books since 1933, although its availability in various types of actions has been…