This case has been cited 1 times or more.
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2011-06-22 |
DEL CASTILLO, J. |
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| "A summary judgment is permitted only if there is no genuine issue as to any material fact and [the] moving party is entitled to a judgment as a matter of law." [36] The test of the propriety of rendering summary judgments is the existence of a genuine issue of fact, [37] "as distinguished from a sham, fictitious, contrived or false claim." [38] "[A] factual issue raised by a party is considered as sham when by its nature it is evident that it cannot be proven or it is such that the party tendering the same has neither any sincere intention nor adequate evidence to prove it. This usually happens in denials made by defendants merely for the sake of having an issue and thereby gaining delay, taking advantage of the fact that their answers are not under oath anyway." [39] | |||||