Case Number:
22STCV10773
Hearing Date:
April 6, 2023
Dept:
30
Dept. 30
Calendar No.
Carpenter vs. Miner, et. al.
,
Case No.
22STCV10773
Tentative Ruling re:
Plaintiffs Motion for Summary Judgment
Plaintiff David Carpenter (Plaintiff) moves for summary judgment against
Defendant Ronald D. Miner, individually and as Administrator of Estate of Josephine Duggan (Defendant) on his claim to quiet title based on adverse possession. The motion is denied.
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 (
Atlantic Richfield
).) Code of Civil Procedure Section 437c, subdivision (c) requires the trial judge to grant summary judgment if all the evidence submitted, and all inferences reasonabl
Hearing Date
April 06, 2023
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Case Number:
22STCV10773
Hearing Date:
April 6, 2023
Dept:
30
Dept. 30
Calendar No.
Carpenter vs. Miner, et. al.
,
Case No.
22STCV10773
Tentative Ruling re:
Plaintiffs Motion for Summary Judgment
Plaintiff David Carpenter (Plaintiff) moves for summary judgment against
Defendant Ronald D. Miner, individually and as Administrator of Estate of Josephine Duggan (Defendant) on his claim to quiet title based on adverse possession. The motion is denied.
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 (
Atlantic Richfield
).) Code of Civil Procedure Section 437c, subdivision (c) requires the trial judge to grant summary judgment if all the evidence submitted, and all inferences reasonabl