Defendants Craig Meyers, Daniel P. Hill Jr., John Michael Fischbeck, and Jeffrey Eugene Fischbeck seek to join in the summary judgment/adjudication motion filed by co-defendant Frances Elizabeth Andersen on 6/18/18. Defendants did not file and serve their motion until 9/4/18. It was served by email.
The motion is defective in several respects. First, it is technically improper for one party to “join” in another party’s motion for summary judgment motion because each moving party must normally submit its own separate statement.
(See Frazee v. Seely (2002) 95 Cal.App.4th 627, 636 [denying joinder for failure to file an independent separate statement].) Here, moving Defendants do not appear to have filed their own supporting memorandum and separate statement, but rely exclusively on the moving papers filed by Frances Elizabeth Andersen.
Second, the notice of joinder and joinder were filed and served on 9/4/18. This was only 51 days before the 10/25/18 hearing date for Frances Andersen’s m
Hearing Date
November 15, 2018
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Defendants Craig Meyers, Daniel P. Hill Jr., John Michael Fischbeck, and Jeffrey Eugene Fischbeck seek to join in the summary judgment/adjudication motion filed by co-defendant Frances Elizabeth Andersen on 6/18/18. Defendants did not file and serve their motion until 9/4/18. It was served by email.
The motion is defective in several respects. First, it is technically improper for one party to “join” in another party’s motion for summary judgment motion because each moving party must normally submit its own separate statement.
(See Frazee v. Seely (2002) 95 Cal.App.4th 627, 636 [denying joinder for failure to file an independent separate statement].) Here, moving Defendants do not appear to have filed their own supporting memorandum and separate statement, but rely exclusively on the moving papers filed by Frances Elizabeth Andersen.
Second, the notice of joinder and joinder were filed and served on 9/4/18. This was only 51 days before the 10/25/18 hearing date for Frances Andersen’s m