Motion Types Legal Issues

What is a Motion for Summary Judgment?

Most Useful Motion for Summary Judgment Examples

Recent Examples of Motion for Summary Judgment

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MYRNA KAWAKITA VS GEORGE TASHJIAN MD ET AL

...Inc.’s MOTION FOR SUMMARY JUDGMENT Responding Party: None (unopposed, as of 2/18/20, 3:02 p.m.; due 2/10/20) Tentative Ruling 1. See below. 2. Defendant Bay City Surgery Center, Inc.’s Motion for Summary Judgment is GRANTED. Background Case No. BC598167 Plaintiff Myrna Yumiko Kawakita (“Plaintiff”) alleges that she sustained injuries in a June 13, 2015 slip and fall. On October 19, 2015, Plaintiff ...

...993 F.2d 51, 53.) Again, here, Tashjian has not filed for bankruptcy, let alone received any discharge. 2. Motion for Summary Judgment 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....

  • Hearing

    Feb 24, 2020

STRATEGIC EMERGING ECONOMICS INC VS DAVID SHOR ET AL

Nature of Proceedings: Motion: Summary Judgment/Adjudication TENTATIVE RULING: Plaintiff’s motion for summary judgment is denied. Plaintiff has failed to present evidence that defendant Judi Shor was served with the three-day notice to quit, a requisite element of an unlawful detainer action. BACKGROUND: This is an ...

...items. Evidentiary Objections “In granting or denying a motion for summary judgment . . . , 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 preserved for appellate review.” Code Civ. Proc. §437c, subd. (q). Defendants objected to portions of the declaration...

  • Hearing

    Feb 21, 2020

WESTERN WORLD INSURANCE COMPANY VS ASSOCIATED INDUSTRIES INSURANCE COMPANY INC ET AL

...own motion, the Motion for Summary Judgment currently on calendar for Friday, February 21, 2020, at 9:30 am, in Dept 4 is continued to Friday, March 20, 2020, at 9:30 am in Dept 4. On the Court's own motion, the Trial Confirmation Conference currently on calendar for Friday, March 27, 2020, at 11:30 am in Dept 4 is continued to Friday, April 24, 2020, at 11:30 am in Dept 4.

  • Hearing

    Feb 21, 2020

CENTER FOR BIO-ETHICAL REFORM, INC. VS. THE IRVINE COMPANY, LLC

Plaintiffs’ Motion for Attorneys’ Fees and Costs is granted in the amount of $114,596. Defendant’s Request for Judicial Notice is granted as to #1-5 and denied as to #6, which is not shown to be a court record. Plaintif...

...granted the motion on February 16, 2018 on the ground that there was no prevailing party at trial because plaintiffs prevailed on two issues (Judgment ¶¶2 and 3B) and defendant prevailed on five issues (Judgment ¶¶1A, 1B, 3C, 4 and 5). Plaintiffs did not appeal from that ruling, and thus that ruling is final, even though the court of appeal reversed this court’s ruling on issue 3C. Even after the reversal, th...

  • Hearing

    Feb 21, 2020

ILAN BITTON VS TYLER THORNTON, ET AL.

...December 18, 2019 filed a first amended complaint (“FAC”) against Defendants Tyler Thornton, Sunfire Nutrition, LLC, and Greenfield Organix dba Loudpack Farms for (1) breach of contract; (2) declaratory judgment; (3) breach of fiduciary duty; (4) intentional interference with business contracts; and (5) negligent interference with prospective economic advantage. On January 21, 2020, Defendants Tyler Thornton...

...possible determination of whether those agreed obligations have been breached, there is no contract.” (Ibid. [internal quotations and citations omitted].) In Bustamante, which examined a motion for summary judgment, the agreement at issue had the following laundry list of unsettled terms: “the form and amount of [Plaintiff's] compensation; the extent, duration, and nature of his management role, if any; the amou...

  • Hearing

    Feb 21, 2020

JAHMAL FORTE VS JAMES E WOLF ET AL

Motion for Summary Judgement, or in the Alternative, Summary Adjudication Having considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On January 12, 2018, Plaintiff Jahmal Forte (“Plaintiff”) filed a complaint against Def...

...Plaintiff pursuant to California Code of Civil Procedure section 437c. On October 10, 2019, the Court continued the hearing on Defendant James E. Wolf’s motion for summary judgment, or in the alternative, summary adjudication to February 20, 2020. On January 24, 2020, Plaintiff renamed Doe 3 as Defendant Daniel Wayne. Trial is set for April 24, 2020. PARTY’S REQUEST Defendant James E. Wolf (“Moving Defenda...

  • Hearing

    Feb 20, 2020

MEENA DHAWAN VS UNIVERSITY OF CALIFORNIA LOS ANGELES

Motion for Summary Judgment Having considered the moving papers, the Court rules as follows. No opposing papers were filed. BACKGROUND On January 18, 2018, Plaintiff Meena Dhawan (“Plaintiff”) filed a compliant against Defend...

...amendment to the complaint renaming Doe 1 as Defendant the Regents of the University of California. On September 12, 2019, Defendant the Regents of the University of California filed a motion for summary judgment pursuant to California Code of Civil Procedure section 473c. Trial is set for April 28, 2020. PARTY’S REQUEST Defendant the Regents of the University of California (“Moving Defendant”) asks the Cou...

  • Hearing

    Feb 20, 2020

BRADLEY GUEVARA VS JOAQUIN BOBADILLA AKA OSCAR BOBADILLA

pablo vejar, jr., Plaintiff, v. cvs pharmacy, inc., et al., Defendants. Case No.: 18STCV08399 Hearing Date: February 20, 2020 [TENTATIVE] order RE: Defendant’s MOTION FOR SUMMARY judgment Plaintiff Pablo Vejar, Jr. (“Plaintiff”) allegedly suffered injuries while working on a construction project to build a pharmacy for Defendant Garfield Beach CVS, LLC (“Defendant”). Defendant now mov...

...213.) At the time of his accident, Plaintiff was working as an air conditioning installer for American Spring Heating & Cooling (“American Spring”). (Appendix of Evidence in Support of Motion for Summary Judgment, Exhibit B.) Defendant hired Gray West Construction Inc. as (“Gray West”) as the general contractor for the construction project at issue. Gray West hired American Spring as a subcontractor on the pro...

  • Hearing

    Feb 20, 2020

PABLO VEJAR, JR. VS CVS PHARMACY. INC. A RI CORP., ET AL.

pablo vejar, jr., Plaintiff, v. cvs pharmacy, inc., et al., Defendants. Case No.: 18STCV08399 Hearing Date: February 20, 2020 [TENTATIVE] order RE: Defendant’s MOTION FOR SUMMARY judgment Plaintiff Pablo Vejar, Jr. (“Plaintiff”) allegedly suffered injuries while working on a construction project to build a pharmacy for Defendant Garfield Beach CVS, LLC (“Defendant”). Defendant now mov...

...213.) At the time of his accident, Plaintiff was working as an air conditioning installer for American Spring Heating & Cooling (“American Spring”). (Appendix of Evidence in Support of Motion for Summary Judgment, Exhibit B.) Defendant hired Gray West Construction Inc. as (“Gray West”) as the general contractor for the construction project at issue. Gray West hired American Spring as a subcontractor on the pro...

  • Hearing

    Feb 20, 2020

RASTEGARI V. THREE ARCH BAY COMMUNITY SERVICES DISTRICT

...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...

...dispute that 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...

  • Hearing

    Feb 20, 2020

(NO CASE NAME AVAILABLE)

Eric v. Los Angeles Unified School District, et al. MOTION FOR SUMMARY JUDGMENT (CCP § 437c) TENTATIVE RULING: Defendant Los Angeles Unified School District’s Motion for Summary Judgment is GRANTED. ANALYSIS: On July 11, 2017, Plaintiff Eric Alexander (“Plaintiff”), a minor by and through his guardian ad litem Tameka Prevost, filed the instant action for premises liability against D...

...(Minute Order, 9/25/19.) On November 14, 2019, Defendant filed the instant Motion for Summary Judgment. To date, no opposition has been filed. Legal Standard [A] defendant moving for summary judgment or summary adjudication “has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the [plaintiff's] cause of action ... cannot be established....

  • Hearing

    Feb 20, 2020

GUNDRY PARTNERS, L.P. VS MAVERICK DECATUR GEORGIA, LLC

...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 preserved for appellate review.” (CCP § 437c(q).) Here, no objections are material to disposition of motion. SUMMARY JUDGMENT 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....

  • Hearing

    Feb 20, 2020

MARY STEVENS VS CITY OF SAN JOSE

...and the opposing party no later than 4:00 PM on 19 February 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT CITY OF SAN JOSE’S MOTION FOR SUMMARY JUDGMENT I. Factual and Procedural Background On 18 November 2017, after crossing Cinnabar Street on eastbound N. Montgomery Street in San Jose, plaintiff Mary Ellen Stevens (“Plaintiff”) stepped off of the ...

...Defendant filed an answer to Plaintiff’s FAC. On 5 December 2019, Defendant filed the motion now before the court, a motion for summary judgment of Plaintiff’s FAC. II. Defendant’s motion for summary judgment is GRANTED. “Except as otherwise provided by statute, a public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or an...

  • Hearing

    Feb 20, 2020

MARIA PARRA SARIANANA VS HONG HOLDINGS LLC

[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 relating to ...

...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 Plaintif...

  • Hearing

    Feb 20, 2020

JOSE GUTIERREZ VS. ROBERT DE VRIES

HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY STATE OF CALIFORNIA * TENTATIVE RULING: * In this consolidated action, the California Department of Transportation (Caltrans) moves for summary judgment or, alternatively, for summary adjudication of issues, to the separately filed complaints of plaintiffs Jose Gutierrez, Christina Gutierrez and Christopher Gutierrez (the Gutierrez plaintiffs) and pla...

...Both complaints allege injuries to the plaintiffs resulting from a fence owned and maintained by Caltrans. Code of Civil Procedure section 437c(c) provides, in relevant part: “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Based on the papers s...

  • Hearing

    Feb 20, 2020

STEFFEN V. UNION PACIFIC RAILROAD CO.

...evidence numbers 1 and 2 are SUSTAINED. (Evid. Code, § 1200.) Granite’s objections 1-9 to Union Pacific and Brian Kline’s evidence are OVERRULED. Granite’s motion for summary judgment or alternatively summary adjudication is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) Granite failed to present evidence or inferences from evidence to show that plaintiff’s injuries would have been the same had the light...

...1466-1472.) Paxin’s motion for summary judgment or alternatively summary adjudication is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) Union Pacific and Brian Kline have standing to bring the opposition to Paxin’s motion for summary judgment or alternatively summary adjudication. (Union Pacific Railroad Company v. Ameron Pole Products (2019) 43 Cal.App.5th 974.) Paxin failed to present evidence or inferences from evid...

  • Hearing

    Feb 20, 2020

MIGUEL ANGEL CUEVA VS. PACIFIC AMERICAN FISH CO.

...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. Ca...

...Failure to Pay All Wages Due in Violation of California Labor Code and Industrial Welfare Commission Order No. 5 Defendant PACIFIC AMERICAN FISH CO (“PAFCO”) moves for summary judgment, or alternatively summary adjudication as to each cause of action. First Cause of Action – Common Law Claim for Wrongful Termination in Violation of Public Policy Plaintiff asserts a claim for wrongful termination in violati...

  • Hearing

    Feb 20, 2020

KHURANA VS. CITIMORTGAGE

...* Defendant’s motion for summary judgment is granted. The issue conference and trial dates are vacated. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the 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 adju...

...plaintiffs’ refusal to submit an updated application for a loan modification under the rubric of waiver, estoppel, or the original HBOR violation no longer being a “material” violation, defendant is entitled to summary adjudication of plaintiffs’ two HBOR causes of action. C. The Third Cause of Action. The Third Cause of Action is for negligence per se. Plaintiffs predicate this negligence cause of action on the ea...

  • Hearing

    Feb 20, 2020

EMILY SUE MOORE VS CITY OF BEVERLY HILLS ET AL

Moore v. City of Beverly Hills et al. Motion for Summary Judgment filed by the City of Beverly Hills on 11/27/2019 is DENIED. Defendant has not shown that it is entitled to judgment as a matter of law. Code Civ. Proc. § 437c, subd. (c) & (p)(2). In this action, Plaintiff alleges that she was walking down the sidewalk when her shoe got stuck in a divot, which caused her to fall a...

...injuries. Plaintiff asserts three causes of action against Defendant City of Beverly Hills: general negligence, premises liability and dangerous condition of public property. Defendant moves for summary judgment on the ground that the defect at issue was trivial as a matter of law. I. EVIDENCE In the moving papers, Defendant presents the following evidence. In her deposition, Plaintiff testified that the i...

  • Hearing

    Feb 20, 2020

CREDIT CONSULTING SERVICES, INC. V. PAREDES

...instant special motion to strike the Cross- Complaint in its entirety. Paredes opposes the motion. II. Requests for Judicial Notice A. Paredes’ Request In support of her opposition to CCS’s special motion to strike, Paredes requests that the Court take judicial notice of the following: (1) CCS’s complaint (Exhibit C); (2) the Amended Proof of Service filed in this action (Exhibit D); and (3) the Cross-...

...special motion to strike (Iglesias Supp. Decl., Exhibit 7); (3) Paredes’ amended declaration, executed February 7, 2020 (Iglesias Supp. Decl., Exhibit 8); (4) Paredes’ original opposition to CCS’s special motion to strike (Iglesias Supp. Decl., Exhibit 9); (5) declaration of service of Paredes’ Amended Opposition And Amended Declaration (Iglesias Supp. Decl., Exhibit 10); and (6) the fact that February 12th a...

  • Hearing

    Feb 20, 2020

NORTHRIDGE FOODS, INC VS. WKS RESTAURANT CORPORATION

Motion for Continuance of Trial filed by Defendant WKS Restaurant Corporation: A party seeking a continuance of the date set for trial must make the request by noticed motion or ex parte application “as soon as reasonably practical once the necessity for the continuance is discovered.” CRC 3.1332(b). The Court may grant a request for a continuance “only on an affirmative s...

...the motion or application. CRC 3.1332(c) and (d). Defendant initially sought the trial continuance because it needed documents from plaintiff or his accountant so that it could file a motion for summary judgment and because of the unavailability of lead trial counsel and a representative of the defendant. Defendant timely filed its MSJ without the documents, which plaintiff had promised to produce, and plaint...

  • Hearing

    Feb 20, 2020

ROBERSON VS. CONTROL AIR CONDITIONING CORPORATION

Motion for Summary Judgment and/or Adjudication filed by Defendant Control Air Conditioning Corporation: Continued to 2/27/2020. Future Hearings: MSC: 5/8/20 Jury Trial: 6/8/20

  • Hearing

    Feb 20, 2020

IBARRA, BERTHA VS TAIT MD, DOUGLAS

Defendant Nha Tran Md's Motion for Summary Judgment - DROPPED, per telephone call from counsel on February 10, 2020, and a formal written request filed on February 13, 2020.

  • Hearing

    Feb 20, 2020

SHAHNAZ ALI VS ARMEN ARSHAKYAN, ET AL.

Motion for Leave to Amend Answer Having considered the moving, opposing, and reply papers the Court rules as follows. BACKGROUND On December 13, 2018, Plaintiff Shahnaz Ali (“Plaintiff”) filed a complaint...

...Resendiz filed a cross-complaint against Defendant/Cross-Defendant Armen Arshakyan seeking apportionment and declaratory relief. On January 13, 2020, Defendant/Cross-Complainant David Resendiz filed a motion for leave to amend its answer pursuant to California Code of Civil procedure section 473, subdivision (a). Trial is set for June 11, 2019. PARTY’S REQUEST Defendant/Cross-Complainant David Resendiz...

  • Hearing

    Feb 20, 2020

TAMORAH THOMAS VS SANTA MONICA COMMUNITY COLLEGE DISTRICT ET

MOTION FOR SUMMARY JUDGMENT IS GRANTED. Background On June 22, 2018, Plaintiff Tamorah Thomas filed the instant action against Defendants Santa Monica Community College District (“SMCCD”), Steven Myrow, and Does 1 through 500....

...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....

  • Hearing

    Feb 19, 2020

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