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TESELLE v. McLOUGHLIN

No. C054919.

173 Cal.App.4th 156 (2009)

___ Cal.Rptr.3d ___

HELEN BESOTES TESELLE, as Trustee, etc., Plaintiff and Appellant, v. YVONNE McLOUGHLIN, Individually and as Trustee, etc., et al., Defendants and Respondents.

Court of Appeals of California, Third District.

April 22, 2009.

Attorney(s) appearing for the Case

Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf, Thomas H. Keeling and Franklin J. Brummett for Plaintiff and Appellant.

Downey, Brand, M. Max Steinheimer and Mathew J. Weber for Defendants and Respondents.

OPINION

BLEASE, J.—

This case illustrates the primacy of the complaint in measuring the materiality of the facts which a motion for summary judgment must address. It involves the relationships of at least four subdivisions of the summary judgment statute. (Code Civ. Proc., § 437c, subds. (b)(1),1 (2),2 (3),3 (p)(2).4

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