at 3:30 p.m. (Dept. 403)
Motions: Plaintiff Melissa Rose’s Motion for Summary Adjudication
Plaintiff David Bray’s Motion for Summary Adjudication
Tentative Ruling:
To deny both motions.
Explanation:
Burden on Summary Judgment
When a plaintiff moves for summary adjudication on an affirmative defense, the court shall grant the motion “only if it completely disposes” of the defense. (See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 899–900; Code Civ. Proc., § 437c, subd. (f)(1).) The plaintiff bears the initial burden to show there is no triable issue of material fact as to the defense and that he or she is entitled to judgment on the defense as a matter of law. In so doing, the plaintiff must negate an essential element of the defense, or establish the defendant does not possess and cannot reasonably obtain evidence needed to support the defense. (See See’s Candy Shops, Inc., supra, 210 Cal.App.4th at p. 900; Code Civ. Proc., § 437c, subd. (f).)
If the plaintiff does
Hearing Date
November 19, 2018
Type
23 Unlimited - Other PI/PD/WD
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at 3:30 p.m. (Dept. 403)
Motions: Plaintiff Melissa Rose’s Motion for Summary Adjudication
Plaintiff David Bray’s Motion for Summary Adjudication
Tentative Ruling:
To deny both motions.
Explanation:
Burden on Summary Judgment
When a plaintiff moves for summary adjudication on an affirmative defense, the court shall grant the motion “only if it completely disposes” of the defense. (See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 899–900; Code Civ. Proc., § 437c, subd. (f)(1).) The plaintiff bears the initial burden to show there is no triable issue of material fact as to the defense and that he or she is entitled to judgment on the defense as a matter of law. In so doing, the plaintiff must negate an essential element of the defense, or establish the defendant does not possess and cannot reasonably obtain evidence needed to support the defense. (See See’s Candy Shops, Inc., supra, 210 Cal.App.4th at p. 900; Code Civ. Proc., § 437c, subd. (f).)
If the plaintiff does