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