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R. Civ. P. 56(c). The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If it succeeds, the nonmoving party may defeat summary judgment by identifying facts that pose a genuine issue for trial. Id. at 324. In evaluating whether summary judgment should be granted, the court must view the evidence and draw all reasonable inferences in favor of the nonmoving party. Anderson v. Liberty Lobby, 477 U.S. 242, 255 (1986).
Summary judgment is appropriate upon a "finding that the challenged uses of plaintiffs' names, images and likenesses" are "in connection with a news, public affairs, or sports account'" within the meaning of [California] Civil Code section 3344, subdivision (d)...
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