Woodward v. Williams

1. Motion by Plaintiff/Cross-defendant Guillermo Woodward for Summary Judgment or, in the alternative, Summary Adjudication:
DENIED
As to plaintiff’s First Amended Complaint, the motion is denied as to the first, second, third, and fifth causes of action, due to the existence of triable issues of fact.
As to the first cause of action for fraudulent inducement, there are triable issues as to the element of misrepresentation. (Moving Party Separate Statement, Fact Nos. 1-4; Responding Party Separate Statement, Fact Nos. 1-4, 25, 266, 267, 279.)
As to the second cause of action for breach of contract, there are triable issues as to the terms of the alleged contract, plaintiff’s performance, and breach. (Moving Party Separate Statement, Fact Nos. 23-30 [contract terms], 33-35 [performance and/or excuse for nonperformance, damages], 37, 38 [breach]; Responding Party Separate Statement, Fact Nos. 23, 24, 25 [terms], 31, 34, 303-305, 307, 308 [performance and........