This case has been cited 1 times or more.
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2010-02-26 |
DEL CASTILLO, J. |
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| A summary judgment is allowed only if, after hearing, the court finds that except as to the amount of damages, the pleadings, affidavits, depositions and admissions show no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law.[23] The purpose of a summary judgment is to avoid drawn out litigations and useless delays because the facts appear undisputed to the mind of the court. Such judgment is generally based on the facts proven summarily by affidavits, depositions, pleadings, or admissions of the parties.[24] For a full-blown trial to be dispensed with, the party who moves for summary judgment has the burden of demonstrating clearly the absence of genuine issues of fact, or that the issue posed is patently insubstantial as to constitute a genuine issue.[25] "Genuine issue" means an issue of fact which calls for the presentation of evidence as distinguished from an issue which is fictitious or contrived.[26] | |||||