P0923 Although plaintiff's failure to properly respond to every fact claimed to be undisputed in a separate statement of undisputed facts submitted by defendant in support of a motion for summary judgment was unacceptable, granting the motion solely on that ground was found to be an abuse of discretion in a matter in which circumstances demonstrated that the procedural error did not deprive defendant or the trial court of notice of the evidence on which plaintiff's opposition was based, particularly since defendant responded to that evidence at length.

PARKVIEW VILLAS v STATE FARM (Disputed Facts) 133 CA4 1197 [See: CA RofC 342; CCP 437c; North Coast v Nielsen 17 CA4 22, T/AT 9/93; Susag v City 94 CA4 1401, T/AT 2/02]