Arc Vineyard v. Sander Trust

Nature of Proceedings: Motion: Summary Judgment or SAI and Motion: for Preliminary Injunction

Judicial Notice

The court grants both parties’ requests for judicial notice.

Objections to Evidence

Defendants object to many of the undisputed facts on the basis that they are irrelevant. In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) The inclusion of “immaterial” facts leads to a bloated record, and is disapproved of by Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243.

The court deems objected-to facts on which it does not specifically rule (see discussion below) to be immaterial to its ruling.

Motion for Summary Adjudication of Plaintiff’s First Cause of Action for Breach of Contract

The Motion for S........