June 06, 2018
503
civil
06 Unlimited - Breach of Contract/Warranty
Open
H.D. Matthews Demolition & Excavation (Plaintiff in 6th cross complaint), represented by Blake, Albert P, JR
Track This PartyAgate Bay Holdings, LLC (Plaintiff in 5th cross complaint), represented by Scott S. Blackstone
Track This PartyToni Woody (Plaintiff in 4…
William "Bill" W…
Terry Tuell Concrete, Inc. (Plaintiff in 3rd cross complaint), represented by Lena M. Louis
Track This Partya California corporation Paramount Home Development (Plaintiff in 2nd cross complaint), represented by Frank M. Nunes
Track This PartyFresno Land Company (Plaintiff in 1st cross complaint), represented by Kurt F. Vote
Track This PartyNick Bellasis (Plaintiff), represented by Michael L. Renberg
Track This PartyMichelle Rodriguez (Plaintiff), represented by Michael L. Renberg
Track This PartyFresno Land Company (Defendant in 6th cross complaint), represented by Kurt F. Vote
Track This PartyParamount Home Development (Defendant in 6th cross complaint)
Track This PartyAgate Bay Holdings, LLC (Defendant in 6th cross complaint)
Track This PartyFresno Land Company (Defendant in 5th cross complaint), represented by Kurt F. Vote
Track This PartyWilliam Matthews (Defendant in 5th cross complaint), represented by Blake, Albert P, JR
Track This PartyH.D. Matthews Demolition & Excavation (Defendant in 5th cross complaint), represented by Blake, Albert P, JR
Track This PartyTony Woody (Defendant in 5th cross complaint)
Track This PartyWilliam Woody (Defendant in 5th cross complaint)
Track This PartyTerry Tuell Concrete, Inc. (Defendant in 5th cross complaint), represented by Lena M. Louis
Track This PartyA California Corporation Paramount Home Development (Defendant in 5th cross complaint), represented by Frank M. Nunes
Track This Partya California Corporation Paramount Home Development (Defendant in 4th cross complaint), represented by Frank M. Nunes
Track This PartyParamount Home Development (Defendant in 3rd cross complaint), represented by Frank M. Nunes
Track This PartyHD Matthews Demolition & Excavation, Inc. (Defendant in 2nd cross complaint), represented by Blake, Albert P, JR
Track This PartyTerry Tuell Concrete, Inc. (Defendant in 2nd cross complaint), represented by Lena M. Louis
Track This PartyToni Woody (Defendant in 2…
William "Bill" W…
William Matthews (Defendant in 2nd cross complaint)
Track This Partya California corporation Paramount Home Development (Defendant in 1st cross complaint), represented by Frank M. Nunes
Track This PartyAgate Holdings, LLC, a California Limited liability company (Defendant in 1st cross complaint), represented by Scott S. Blackstone
Track This Partya California Corporation H.D. Matthews Demlition & Excavation (Defendant in 1st cross complaint), represented by Blake, Albert P, JR
Track This PartyFresno Land Company (Defendant), represented by Kurt F. Vote
Track This PartyFresno Land Company (Defendant in 2nd cross complaint), represented by Kurt F. Vote
Track This Partya California Corporation Paramount Home Development (Defendant), represented by Frank M. Nunes
Track This PartyLLC a California limited l… (Defendant)
Track This PartyAgate Holdings, LLC (Defendant), represented by Scott S. Blackstone
Track This Party2018-09-17T00:00:00
2018-08-24T00:00:00
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2017-06-12T00:00:00
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In re: 81 E. Sussex Way, Fresno, CA 93704
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Motion: Defendant Fresno Land Company’s Motion for Summary
Adjudication of Plaintiffs’ First Cause of Action
Tentative Ruling:
To deny. (Code Civ. Proc. §473c(f)(1).)
Explanation:
Summary Adjudication
The summary judgment procedure, “is drastic and should be used with caution. Summary judgment is properly granted only when the evidence in support of the moving party establishes that there is no issue of fact to be tried.” (Buehler v. Oregon- Washington Plywood Corp. (1976) 17 Cal.3d 520, 526.) The affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Ibid.; Huynh v. Ingersoll-Rand (1993) 16 Cal.App.4th 825, 830.)
A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact. If the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Rich