CREDITORS ADJUSTMENT BUREAU, INC., Plaintiff, vs. MALDONADO CONSTRUCTION AND ASSOCIATES, A PARTNERSHIP; et. al. Defendants.
CASE NO: 18VECV00238
TENTATIVE ORDER DENYING MOTION FOR SUMMARY ADJUDICATION OF THE CAUSE OF ACTION FOR BREACH OF CONTRACT
Dept. T
8:30 a.m.
September 17, 2020
[TENTATIVE] RULING: DENIED
There are numerous triable issues of fact as to whether there was breach of the contract. For this reason, the motion is denied.
THERE ARE TRIABLE ISSUES OF MATERIAL FACTS WHICH
PREVENT GRANTING OF THE MOTION FOR SUMMARY
ADJUDICATION
The motion cannot be granted because there are triable issues of material facts. The “Submission Summary” dated 2/26/2015 (Pltf’s Exh. 1) shows that the applicant names for the 2015 policy are Carlos Elias Maldonado and Delmont Wilcox dba Maldonado Construction and Associates, a partnership. This is not in dispute.
The letter from SCIF dated 3/30/2015 is addressed to Maldonado Construction and Associates (Pltf’s Exh. 5) and attaches “your
Hearing Date
September 17, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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CREDITORS ADJUSTMENT BUREAU, INC., Plaintiff, vs. MALDONADO CONSTRUCTION AND ASSOCIATES, A PARTNERSHIP; et. al. Defendants.
CASE NO: 18VECV00238
TENTATIVE ORDER DENYING MOTION FOR SUMMARY ADJUDICATION OF THE CAUSE OF ACTION FOR BREACH OF CONTRACT
Dept. T
8:30 a.m.
September 17, 2020
[TENTATIVE] RULING: DENIED
There are numerous triable issues of fact as to whether there was breach of the contract. For this reason, the motion is denied.
THERE ARE TRIABLE ISSUES OF MATERIAL FACTS WHICH
PREVENT GRANTING OF THE MOTION FOR SUMMARY
ADJUDICATION
The motion cannot be granted because there are triable issues of material facts. The “Submission Summary” dated 2/26/2015 (Pltf’s Exh. 1) shows that the applicant names for the 2015 policy are Carlos Elias Maldonado and Delmont Wilcox dba Maldonado Construction and Associates, a partnership. This is not in dispute.
The letter from SCIF dated 3/30/2015 is addressed to Maldonado Construction and Associates (Pltf’s Exh. 5) and attaches “your