The motions of defendants El Pollo Loco, Inc. and El Pollo Holdings, Inc. (collectively, “EPL”) and Market Force Information, LLC (“MFI”) for summary judgment on plaintiff William Martin’s single cause of action, for violation of Penal Code § 632.7, are GRANTED.
“[S]ummary judgment is a drastic measure which deprives the losing party of trial on the merits. It therefore may not be invoked unless it is clear from the affidavits (or declarations) filed in connection with the motion that there are no triable issues of fact.
[Citation.] Doubts as to the propriety of granting the motion should be resolved in favor of the party opposing the motion.” (Bunzel v. American Academy of Orthopaedic Surgeons (1980) 107 Cal.App.3d 165, 169.) Here, Defendants seek summary judgment on Plaintiff’s only cause of action.
A defendant moving for summary judgment bears the initial burden to show the plaintiff’s action has no merit. It may do this by demonstrating the action has no merit, that plaintiff canno