A Motion for Summary Adjudication can be filed when a moving party cannot show that all evidence is in favor of the party.
“A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” Code Civ. Proc., § 437c(f)(1); Lilienthal & Fowler v. Sup. Ct. (1993) 12 Cal. App. 4th 1848, 1853-1854; Hood v. Super. Ct. (1995) 33 Cal.App.4th 319, 321 [39 Cal.Rptr.2d 296].)
The Civil Code allows “the parties to stipulate to bring a summary adjudication motion as to other issues or claims for damages if they first obtain leave of court before they bring their motion.” Code Civ. Proc. § 437c(t); Jimenez v. Protective Life Ins. Co. (1992) 8 Cal.App.4th 528, 534. There is a sound reason for this rule: “...the opposing party may have decided to raise only one triable issue of fact in order to defeat the motion, without intending to concede the other issues. It would be unfair to grant a summary adjudication order unless the opposing party was on notice that an issue-by-issue adjudication might be ordered if summary judgment was denied.” Gonzales v. Super. Ct. (1987) 189 Cal.App.3d 1542, 1546.
A motion for summary adjudication must be accompanied by a written notice of motion. Cal. Rules of Court, Rule 3.1350(c)(1); see Code Civ. Proc., § 1010; Cal. Rules of Court, Rule 3.1110. Failure to do so risks due process violations, especially given the substantial impact on the rights of the opposing party or parties.
Note, summary adjudication cannot be ordered on the court’s own motion. Scheiding v. Dinwiddie Const. Co. (1999) 69 Cal. App. 4th 64, 75. Similarly, a motion for summary adjudication requires a separate statement of fact. Code Civ. Proc., § 437c(b)(1).
“If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” Rules of Court, rule 3.1350(b); see also Code Civ. Proc., § 437c(f)(2).
And as with summary judgment:
Code Civ. Proc., § 437c(p).
“The Separate Statement of Undisputed Material Facts in support of a motion must separately identify:
Rules of Court, rule 3.1350(d)(1).
“The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion.” Rules of Court, rule 3.1350(d)(2).
If a triable issue is raised as to any of the facts in a separate statement, the motion must be denied. Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252; see also, § 437c(p)(2) (a plaintiff need only show “that a triable issue of one or more material facts exists as to the cause of action or a defense thereto”).
...Services District (TAB) motion for summary judgment or, in the alternative, summary adjudication of Plaintiffs Esmail Nader Rastegari and Mahin Rastegari’s Complaint. For the following reasons, TAB’s motion is granted in part and denied in part. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff’s claim. It ma...
...TAB is a public entity, see Plaintiffs’ Responsive Separate Statement No. 16, and Plaintiff has not identified a statute permitting recovery for trespass from a public entity. TAB’s motion for summary adjudication of the first cause of action for trespass is granted. TAB also argues that Plaintiffs’ third cause of action for negligence fails because TAB is a public entity and public entities cannot be directly ...
Feb 20, 2020
...02/20/2020 JUDGE: OLIVIA ROSALES #9 TENTATIVE ORDER Defendant PACIFIC AMERICAN FISH CO’s unopposed Motion for Summary Judgment is GRANTED. Defendant PACIFIC AMERICAN FISH CO’s alternative Motion for Summary Adjudication is MOOT. Moving Party to give Notice. Defendant’s Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §...
...of the truck he was driving due to dangerous speeding. (PAFCO UMF No. 8.) The Motion is unopposed and Plaintiff proffers no evidence to raise a triable issue of material fact. The motion for summary adjudication of the first cause of action is granted. Second Cause of Action – Commission of Fraudulent or Unfair Business Practices To state a claim under §17200, Plaintiff must allege whether the conduct compl...
Feb 20, 2020
Lori Ann Fournier or Olivia Rosales
MOTION FOR SUMMARY ADJUDICATION: MAJOR LEAGUE PLUMBING TR: Gundry’s motion for summary adjudication (issues #1 and #2) is DENIED. INTRODUCTION This action arises out of alleged unpaid services for a construction project. Plaintiff Gundry Partners, L.P. (“Gundry”) entered into a contract with Defen...
...cross-complaint against MLP, and other subcontractors, for duty to defend and indemnify, among other causes of action. EVIDENTIARY OBJECTIONS “In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be pres...
Feb 20, 2020
[TENTATIVE] ORDER RE: DEEFENDANT HONG HOLDINGS LLC’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION On March 15, 2017, Plaintiff Maria Parra Sarinana (“Plaintiff”) filed this action against Defendant Hong Holdings LLC (“Defendant”) for premises liability and negligence rel...
...2019. On January 17, 2019, Plaintiff filed a motion for leave to amend the complaint, to be heard on February 14. On February 14, the Court granted the motion for leave to amend and took the motion for summary judgment off calendar. The Court ordered that Plaintiff was to file the amended complaint within five days. Plaintiff never did that, although the parties have been litigating over the last year as if...
Feb 20, 2020
HEARING ON MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION FILED BY CITIMORTGAGE, INC. * TENTATIVE RULING: * Defendant’s motion for summary judgment is granted. The issue conference and trial dates are vacated. Defendant shall prepare a proposed judgment o...
... motion, and shall submit that proposed judgment to plaintiffs’ counsel for approval as to form. The basis for this ruling is as follows. A. The Pleading Of Plaintiffs’ Complaint. A motion for summary adjudication “necessarily includes a test of the sufficiency of the complaint.” (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal.4th 1110, 1117-18.) In this context, the courts consider the motion und...
Feb 20, 2020
...- CENTRAL DISTRICT SANDRA MEZGER, etc., et al., Plaintiff, vs. RANDY RALPH BICK JR., etc., et al., Defendants. AND RELATED CROSS-ACTION CASE NO.: BC714748 [TENTATIVE] ORDER RE: MOTIONS FOR SUMMARY ADJUDICATION Date: February 19, 2020 Time: 8:30 a.m. Dept. 56 FSC: April 21, 2020 Jury Trial: May 4, 2020 MOVING PARTIES: Defendant Kathleen Griffin (“Griffin”); Defendant Randy Ralph Bick, Jr. (“Bick”) OPP...
...California constitutional right of privacy; (5) invasion of privacy, false light; and (6) nuisance in violation of municipal code. Griffin filed a motion for summary adjudication and requests summary adjudication as to the second, third, and fourth causes of action in Plaintiffs’ compliant. Griffin asserts that: (1) the second cause of action for violation of California Penal Code, Section 632 against her is w...
Feb 19, 2020
...prejudice. Defendants move for summary judgment or, in the alternative, summary adjudication of the first through seventh causes of action. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”¿(Aguilar v....
...law. Based on the foregoing, Defendants’ motion for summary adjudication of the first, second, third, fourth, and fifth causes of action is GRANTED. Sixth Cause of Action for Negligent Infliction of Emotional Distress and Seventh Cause of Action for Intentional Infliction of Emotional Distress The Government Claims Act (Gov. Code, § 810 et seq.), formerly known as the Tort Claims Act, was enacted in 196...
Feb 19, 2020
...function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify th...
...'Tripps Auto Body and Paint Shop Inc.' as the Plaintiffs. The Government Claim submitted by Plaintiff to the City prior to filing this action was filed by 'Tripps Auto Body.' Defendant moves for summary adjudication as to the first cause of action for dangerous condition of public property because 'Tripps Auto Body and Paint Shop Inc.' failed to present a government claim. The courts are to employ a test of su...
Feb 19, 2020
Dept. 6
The Court rules as follows on the motion of Plaintiff Rancho Veracruz Condominium Association for summary judgment or, in the alternative, summary adjudication of issues – Plaintiff seeks a summary judgment on the first amended complaint or summary adjudication of the following issues: (a) That Defendant has no defense as to the first cause of action for Bre...
...to the claims or defenses raised in the pleadings. See Keniston v. American Nat'l Ins. Co. (1973) 31 Cal.App.3d 803, 812. The pleadings serve as the “outer measure of materiality” in a summary judgment motion, and the motion may not be granted or denied on issues not raised by the pleadings. Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258; Nieto v. Blue Shield of Calif. Life & Health Ins. Co...
Feb 19, 2020
Massachi v. Waldrep, et al. Defendant Donald James Waldrep, M.D.’s unopposed motion for summary adjudication of Plaintiff Elinor Massachi’s second cause of action for battery is GRANTED. In the complaint, Plaintiff alleged she was a minor at the time of the surgery/procedure (which took place on July 17, 20...
...Plaintiff to create a triable issue of fact. (See C.C.P. §437c(p)(2).) Plaintiff did not oppose the motion and thus presented no controverting evidence. Consequently, Defendant’s unopposed motion for summary adjudication of the second cause of action for battery is granted. Moving party is ordered to give notice.
Feb 19, 2020
...Services v. Yeforzon K. Onoa (1) MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION; (2) MOTION FOR SUMMARY JUDGMENT OF FIRST AMENDED CROSS-COMPLAINT AND, ALTERNATIVELY, SUMMARY ADJUDICATION OF 2ND AND 3RD CAUSES OF ACTION MOVING PARTY: (1) Cross-Complainant Yeforzon K. Onoa; (2) Cross-Defendant Westlake Services, LLC dba Westlake Financial Services RESPONDING PARTY(S):(1) Cross-Defenda...
...LLC have filed cross-motions for summary judgment or, in the alternative, summary adjudication, of the first amended cross-complaint. TENTATIVE RULING: Cross-Complainant Yeforzon K. Onoa’s motion for summary judgment is DENIED. Cross-Complainant’s alternative motion for summary adjudication is DENIED. Cross-Defendant Westlake Services, LLC dba Westlake Financial Services’ motion for summary judgment is D...
Feb 18, 2020
...Plaintiff's motion fails to comply with California Rule of Court, rule 3.1350, subdivisions (b) and (d)(1). ("If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statem...
...transactions were subject to the usury law." The issues to be adjudicated according to plaintiff's notice of motion are: 1) "The undisputed material facts establish that Cross-Defendants are entitled to summary adjudication because no triable issue of material fact exists to support the first cause of action for 'Usury' in RMI's First Amended Cross-Complaint. (UF No. 1-161)"; and 2) "The undisputed material facts establi...
Feb 18, 2020
...(2) Motion for Summary Judgment and/or SAI (3) Motion for Leave to Amend Responses to RFAs Tentative Ruling: (1) Motion for Summary Adjudication by Plaintiff Tirso Gamo is DENIED. Plaintiff moves for summary adjudication of discrete issues concerning Welfare and Institutions Code section 15657.6 and application of the alter ego doctrine, not any causes of action, an affirmative defense, a claim for damage...
...alternatively, Motion for Summary Adjudication by Defendants, J Star Auto Group, Inc. dba Maserati of Anaheim Hills and Jared Merell is CONTINUED to ______ 2020, Dept. C11, at 2 pm. Defendants move for summary judgment or in the alternative, summary adjudication of the nine causes of action asserted in the Third Amended Complaint and Plaintiff’s request for punitive damages (the “Motion”). However, Defendan...
Feb 18, 2020
Nature of Proceedings: Motion Summary Judgment Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues Attorneys: For Plaintiff: James W. Bates (Pasadena) For Defendants Radius Group, Deering, and Gamberdella: Joseph C. Campo (Lewis, Br...
...al. – Los Angeles) Ruling: The Court denies defendants’ Radius Group Commercial Real Estate, Inc., Gene S. Deering, and Paul J. Gamberdella’s motion for summary judgment or, in the alternative, summary adjudication. Background Plaintiff CARP Property, LLC (“CARP”), commenced this action on August 9, 2019. In its complaint, plaintiff alleges: On March 15, 2016, Rafi Tarakjian, sole manager, CEO, and sole membe...
Feb 18, 2020
MOTION FOR SUMMARY JUDGMENT (K&S) TR: Gundry’s motion for summary adjudication (issues #1 and #2) is DENIED. No reply has been filed yet. It is due Thursday, February 13, 2020. (Code Civ. Proc., § 437c(b)(4) [reply due “not less than five days preceding the notice or continue h...
...cross-complaint against K&S, and other subcontractors, for duty to defend and indemnify, among other causes of action. EVIDENTIARY OBJECTIONS “In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion.” (Code Civ. Proc., § 437c(q).) Here, none of K&S’s evidentiary objection...
Feb 18, 2020
Clarence Bronner and Barbara Bronner’s (Bronners) Motion for Summary Judgment, or in the Alternative Summary Adjudication (Motion), filed on 12-5-20 under ROA No. 337, GRANTED. The court SUSTAINS Plaintiffs’ (Bob Whitehair and Teresa Whitehair) objection to the declaration of Gerard P. Bretting. Whether a dangerous condi...
...court OVERRULES all of Plaintiffs’ objections as raised in Plaintiff’s Objection to Disputed Material Facts in Support of Bronners’ Motion for Summary Judgment, or in the Alternative, Motion for Summary Adjudication filed on 2-4-20 under ROA No. 411. Plaintiffs direct their objections to facts contained in the Bronners’ Separate Statement. These facts are not evidence. California Rules of Court, rule 3.1354 requi...
Feb 18, 2020
Motion: Defendants’ Motion for Summary Judgment/Adjudication Tentative Ruling: To deny the motions for summary judgment and adjudication as to both defendants. To grant judgment on the pleadings, with leave amend, as to Dr. Ariel Torres, as to the entire complaint. To grant judgment on the pleadings, with leave to amend, as to Ariel To...
...Defendants’ Separate Statement Plaintiff asserts that defendants’ motion should be denied for failure to provide a proper separate statement because defendants use the same 13 facts for the request for summary judgment and then simply incorporate them by reference into each of the causes of action for which summary adjudication is sought. Every motion for summary judgment must be accompanied by a “separate ...
Feb 18, 2020
...http://www.denoce.com ______________________________________________ The court's tentative ruling is as follows: Deny Plaintiff's motion for summary adjudication of issues as to C/A 2. Plaintiff failed to provide admissible, competent evidence to support its motion. The only items that P established were 7 (wording of the personal guaranty) and 8 (Merriman personally guaranteed J&M's performance of its obligations under the note and repayment of the loan.) Plain...
Feb 18, 2020
...RAMSEY LAW GROUP, A PROFESSIONAL CORPORATION 2) NOTICE OF MOTION 7 AND MOTION FOR ORDER DETERMINING ADMISSIBILITY OF EVIDENCE [PLTF] LORRAINE L. GRACE [PLTF] STEVE HIRSCH RULING The motion for summary adjudication by defendants Hussein Saffouri and Ramsey Law Group (“Defendants”) is denied, without prejudice, for failure to comply with Code of Civil Procedure section 437c(t). The court has never received a stip...
...Trustee of and on behalf of the Belvedere Nominee Trust (“Plaintiffs”) is similarly denied. The court finds no authority, nor do Plaintiffs cite to the same, for it to hear this standalone evidentiary motion in the current context This ruling is without prejudice to make the same arguments and/or showing in response or opposition to a properly raised motion for summary adjudication pursuant to Code of Civ...
Feb 14, 2020
ANDREW SWEET
...Plaintiffs, vs. national union fire ins. co. of pittsburg, pa, et al.; Defendants. Case No.: BC676824 Hearing Date: February 14, 2020 [TENTATIVE] RULING RE: plaintiff core health & fitness, llc’s motion to seal confidential records filed conditionally under seal in support of parties’ motions for summary adjudication non-party navigators insurance company’s motion to seal documents conditionally lod...
...conditionally lodged under seal in connection with defendant national union fire insurance co. of pittsburgh, pa’s motion for summary adjudication filed on june 10, 2019 Plaintiff Core Health & Fitness, LLC’s Motion to Seal Confidential Records Filed Conditionally Under Seal is DENIED. Non-Party Navigators Insurance Company’s Motion to Seal Documents Conditionally Lodged Under Seal in Connection with Defendant N...
Feb 14, 2020
Defendants Huff Restoration DKI and Huff Construction Company Inc.’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication – DENIED. As a preliminary matter, the Court notes that Defendant’s motion appears to violate the provisions of Code Civ. Proc. §437c(f) with rega...
... adjudication, as the motion and separate statement are improperly divided into multiple sub-issues representing individual elements of the stated causes of action. The Code dictates that a motion for summary adjudication may only be granted if the issue in dispute completely disposes of an entire cause of action, affirmative defense, a claim for damages or an issue of duty. As the Court reads the motion and separate s...
Feb 14, 2020
Sonny S. Sandhu
...Proceedings: Motion: Summary Judgment/Adjudication TENTATIVE RULING: For the reasons set forth herein, unless a defendant files written opposition showing, or a defendant appears at the hearing of this motion and shows, that a triable issue of material fact exists, the court will grant Bank’s motion for summary judgment as to each defendant not making such a showing. Background: As set forth in the evide...
... motion to quash and overruled the demurrers. On November 8, 2019, each of the defendants filed an answer to the complaint. On February 3, 2020, Bank filed this motion for summary judgment or for summary adjudication. No opposition has yet been filed by any defendant. Analysis: (1) Requests for Judicial Notice Bank requests that the court take judicial notice of: (RJN, exhibit A) the recorded trustee’s deed; (...
Feb 14, 2020
...Defendant’s motion. Accordingly, Plaintiff’s objections are immaterial to the Court’s disposition of the instant motion. Discussion Defendant moves for summary judgment or, in the alternative, summary adjudication of the first through eighth causes of action and Plaintiff’s claim for punitive damages. Notice “Notice of the motion and supporting papers shall be served on all other parties to the action at leas...
...support of the instant motion, Plaintiff has opposed the motion on its merits, waiving any defects or irregularities in its service. The Court thus turns to the merits of the motion. Summary Judgment/Adjudication in Employment Cases “[A] case [of discrimination] may be built on direct or circumstantial evidence, or both. [Citations.] “‘Direct evidence is evidence which, if believed, proves the fact [of discri...
Feb 14, 2020
Motion for Summary Adjudication DENIED. Defendant’s objections 12, 13, 24, 29, 31, 34, 37-43, 48, 55, 58-60, 66, 68, 84-86, 88, 93-95 are sustained. The rest are overruled. The Court notes that the objections do not change the outco...
...based on the assumption that no objections have been sustained. Any “party” may move for summary adjudication. Code of Civil Procedure section 437c(a), (f). For summary adjudication, the “party” may seek adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty if the party contends that the cause of action has no merit or that there is no defense to the cause of act...
Feb 14, 2020
Patrick M
... motion is denied as summary adjudication of the alleged acts of malpractice individually is inappropriate in this case. “[W]here separate causes of action are commingled into one, court[s] may grant summary adjudication of the individual claims.” (Dominguez v. Washington Mutual Bank (2008) 168 Cal. App. 4th 714, 727; citing Lilienthal & Fowler v. Sup. Ct. (1993) 12 Cal.App.4th 1848, 1854–1855.) Defendan...
...alleged is a single injury; that SFCH and plaintiffs were not determined to be the prevailing party and Darbun was awarded it attorney fees and costs. The motion is denied as the court finds summary adjudication of the individual acts alleged improper.
Feb 14, 2020
