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CITY OF EMERYVILLE v. SUPERIOR COURT

Docket No. A055362.

2 Cal.App.4th 21 (1991)

2 Cal. Rptr.2d 826

CITY OF EMERYVILLE, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; AVIS RENT-A-CAR SYSTEM, INC., Real Party in Interest.

Court of Appeals of California, First District, Division Three.

December 26, 1991.

Attorney(s) appearing for the Case

COUNSEL

Larson & Burnham, Gregory D. Brown, Donald P. Eichhorn and Nancy K. McDonald for Petitioner.

No appearance for Respondent.

Michael F. O'Leary for Real Party in Interest.

OPINION

MERRILL, Acting P.J.

(1) We address the question of whether a court has jurisdiction to grant summary judgment or summary adjudication when the defendant presents a valid defense. Between 1939 and 1991 the answer was clear and affirmative. In 1990, the Legislature amended the summary judgment statute to solve different problems and in the process cast doubt upon well-established law. We grant a writ of mandate...

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