California, United States of America
The following excerpt is from Siggard v. Hudack, E063054 (Cal. App. 2018):
We apply the de novo standard of review. (Flatley v. Mauro (2006) 39 Cal.4th 299, 325.) " 'We consider "the pleadings, and supporting and opposing affidavits upon which the liability or defense is based." [Citation.] However, we neither "weigh credibility [nor] compare the weight of the evidence. Rather, . . . [we] accept as true the evidence favorable to the plaintiff [citation] and evaluate the defendant's evidence only to determine if it has defeated that submitted by the plaintiff as a matter of law." ' " (Id. at p. 326.)
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