Dept. 30

Calendar No.

City of Los Angeles vs. Avar Construction, Inc., et. al., Case No. 19STCV16438

Tentative Ruling re: Defendants’ Motions for Summary Judgment

Defendant Avar Constructions, Inc. (Avar) moves for summary judgment on the First Amended Complaint (FAC) filed by Plaintiff the City of Los Angeles, acting through the Department of Water and Power (LADWP), on the grounds that the instant complaint was filed after the statute of limitations had run. Defendant Griffith Company moves for summary judgment on the same grounds. The motions are granted.

The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment if all