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SCALF v. D.B. LOG HOMES, INC.

No. C047339.

27 Cal.Rptr.3d 826 (2005)

128 Cal.App.4th 1510

Walter W. SCALF, Cross-defendant, Cross-complainant and Appellant, v. D.B. LOG HOMES, INC., Cross-defendant, Cross-complainant and Respondent.

Court of Appeals of California, Third District.

May 5, 2005.

Attorney(s) appearing for the Case

McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer, Eric G. Lundberg and Bryan Bengtson for Appellant.

Law Offices of Harr, Arthofer & Ayres, Randall L. Harr and Griffith J. Tonkin for Respondent.

BUTZ, J.

In D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 112 Cal.Rptr. 786, 520 P.2d 10 (D'Amico), the California Supreme Court noted that admissions of a party obtained through discovery receive an unusual deference in summary judgment proceedings, and, absent a credible explanation, prevail over that party's later inconsistent...

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