Re: Rials v. Zapata, et al.
Superior Court Case No. 22CECG03314
Hearing Date: June 14, 2023 (Dept. 403)
Motion: by Plaintiff for Summary Judgment, or alternatively, Summary
Adjudication, of the Complaint
Tentative Ruling:
To deny without prejudice. Since a court trial is set for Wednesday, June 28, 2023,
in Department 404, and the existence of an unnamed interested party could impact
plaintiff’s need to file an amended complaint and join such interested party to the action,
the parties are ordered to appear so that the court may determine whether such an
interested party exists and if so, set a new court trial date.
Explanation:
Burden on Summary Judgment
As the party moving for summary judgment, plaintiff bears an overall burden of
persuasion that there is no triable issue of material fact and that it is entitled to judgment
as a matter of law. (