HAMMER VS. CLARK

Case No.: 30-2015-00777383-CU-FR-CJC    

1.MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION 2. JOINDER TO MOTION FOR SUMMARY JUDGMENT
The Motion for Summary Judgment, filed by Defendant Gabriel’s Pool Plastering and Cement (“Gabriel”) is Denied.
The presence of any triable issue requires denial of a motion for summary judgment. (C.C.P. § 437c(c); Homestead Sav. v. Sup.Ct. (Dividend Develop. Corp.) (1986) 179 Cal.App.3d 494, 498.) Here, it is undisputed that Mr. Clark was one of the two general partners in Gabriel, and that Mr. Clark held the qualifying contractor’s license for and was authorized to act for that entity. (AF 31, 41, 45.) Plaintiff has offered evidence demonstrating that there are disputed issues of material fact as to the terms of the oral contract at issue : what was represented to Plaintiff about who would be performing the work, who actually did the work, and which entity(ies) were licensed to provide and which did provide the services rendered. (UF 4-10, 25, 28; AF 38-41, 47-48, 55-68.) T........