MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION
Defendants’ Motion for Summary Judgment or in the Alternative Summary Adjudication is DENIED.
CRC 3.1350(d)((2) states that “The separate statement should include only material facts and not any facts that are not pertinent to the .disposition of the motion”. Defendants’ 40-page separate statement effectively concedes the materiality of each of the 103 facts included therein.
If triable issues are raised as to any one of these issues the motion must be denied. Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2009) ¶ 10:95.1, p.
UMF 4, 6, 7, 9, etc.
Triable issues of material fact exist as to each of the 16 issues for which Defendants seek adjudication.
As to Issue #1, this is not an appropriate issue for summary adjudication, and Defendants have not pointed to any inconsistencies in Plaintiff’s pleadings which would give rise to a sham pleading.
As to Issue #4, this court had previously denied a