p0058 A party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that it is entitled to judgment as a matter of law; this results in an initial burden of producing evidence establishing prima facie that there is no triable issue of material fact, at which point the burden shifts to the opposing party to produce evidence establishing prima facie that there is a triable issue of material fact; the burden of proof on summary judgment is the same as the burden of proof would be at trial; if the moving party would prevail at trial without submission of any issue to a trier of fact for determination, summary judgment should be granted; a defendant moving for summary judgment need not conclusively negate an element of plaintiff's case, but need only show that an element cannot be established.

AGUILAR v ARCO (Gas Prices) 25 C4 826 [See: CCP 437c; Matsushita v Zenith 475 US 574; Anderson v Liberty 477 US 242; Celotex v Catrett 477 US 317; Guz v Bechtel 24 C4 317, T/AT 11/00 Aguilar v ARCO (RevGrtd)78 CA4 79 T/AT 3/00]