29 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,184 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,149 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
School District No. 1J, Multnomah County v. ACandS, Inc.
5 F.3d 1255 (9th Cir. 1993) Cited 4,807 times 2 Legal Analyses
Holding that the "overwhelming weight of authority is that the failure to file documents in an original motion or opposition does not turn the late filed documents into 'newly discovered evidence'" for a motion for reconsideration
Orr v. Bank of America, NT & SA
285 F.3d 764 (9th Cir. 2002) Cited 3,100 times
Holding that abuse of discretion exists only where "evidentiary ruling was manifestly erroneous and prejudicial"
Soremekun v. Thrifty Payless
509 F.3d 978 (9th Cir. 2007) Cited 2,271 times 1 Legal Analyses
Holding that speculative testimony is insufficient to defeat summary judgment
Fraser v. Goodale
342 F.3d 1032 (9th Cir. 2003) Cited 1,400 times
Holding that the plaintiff's diary could be considered on summary judgment because she could testify consistent with its contents at trial
Hart v. Massanari
266 F.3d 1155 (9th Cir. 2001) Cited 472 times 3 Legal Analyses
Holding that an unpublished "disposition is not written in a way that will be fully intelligible to those unfamiliar with the case, and the rule of law is not announced in a way that makes it suitable for governing future cases"
Backlund v. Barnhart
778 F.2d 1386 (9th Cir. 1985) Cited 600 times
Holding that a district court properly denied a motion to reconsider in which plaintiff presented no arguments that were not already raised in his original motion
In re Sasson
424 F.3d 864 (9th Cir. 2005) Cited 256 times
Holding that "bankruptcy courts have jurisdiction and power to enter money judgments in adjudicating nondischargeability adversary proceedings"
Lorraine v. Markel American Ins. Co.
241 F.R.D. 534 (D. Md. 2007) Cited 199 times 10 Legal Analyses
Holding that "official publications posted on government agency websites should be admitted into evidence easily" based on Federal Rules of Evidence 803 and 902
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,128 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 53,923 times 147 Legal Analyses
Granting relief from the operation of a judgment
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,193 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,520 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,184 times 49 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 3,847 times 11 Legal Analyses
Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Rule 902 - Evidence That Is Self-Authenticating
Fed. R. Evid. 902 Cited 2,135 times 35 Legal Analyses
Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating

Carl L. Jimena v. Clive Standish, et al

29 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that the "overwhelming weight of authority is that the failure to file documents in an original motion or opposition does not turn the late filed documents into 'newly discovered evidence'" for a motion for reconsideration

Holding that abuse of discretion exists only where "evidentiary ruling was manifestly erroneous and prejudicial"

Holding that speculative testimony is insufficient to defeat summary judgment

Holding that the plaintiff's diary could be considered on summary judgment because she could testify consistent with its contents at trial

Holding that an unpublished "disposition is not written in a way that will be fully intelligible to those unfamiliar with the case, and the rule of law is not announced in a way that makes it suitable for governing future cases"

Holding that a district court properly denied a motion to reconsider in which plaintiff presented no arguments that were not already raised in his original motion

Holding that "bankruptcy courts have jurisdiction and power to enter money judgments in adjudicating nondischargeability adversary proceedings"

Holding that "official publications posted on government agency websites should be admitted into evidence easily" based on Federal Rules of Evidence 803 and 902

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting relief from the operation of a judgment

Holding that such a statement must merely be made by the party and offered against that party

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating