Motion for Summary Judgment/Summary Adjudication
Defendants’ motion for summary judgment/adjudication is DENIED. Before addressing the merits of the motion, the papers considered by the Court suffered from some procedural issues. To begin with, although Defendants sought both summary judgment and summary adjudication, they failed to comply with CRC 3.1350(b) which requires: “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” (Emphasis added.) The issues set forth in the separate statement and the notice of motion are not identical. Further, Defendants’ separate statement did not comply with CRC 3.1350(d)(2) which states: “The separate statement should include only material facts and not any facts that are