The motion of cross-defendant Keeth Building Contractors, Inc., for summary judgment and/or summary adjudication as to the Cross-Complaint ROHL, LLC, is GRANTED.
The cross-defendant first moves for summary judgment on the basis that the plaintiff provided “factually-devoid discovery” responses, which indicates the plaintiff does not possess any evidence to support its claims.
“[A] moving defendant may rely on factually devoid discovery responses to shift the burden of proof pursuant to section 437c, subdivision (o)(2). Once the burden shifts as a result of the factually devoid discovery responses, the plaintiff must set forth the specific facts which prove the existence of a triable issue of material fact.” (Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590.)
The cross-defendant cites Exhibits I through M, which consists of approximately 40 pages. Although it does not offer citations to specific responses, a review of these Exhibits confirms the responses are factually devoid
Hearing Date
May 31, 2018
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The motion of cross-defendant Keeth Building Contractors, Inc., for summary judgment and/or summary adjudication as to the Cross-Complaint ROHL, LLC, is GRANTED.
The cross-defendant first moves for summary judgment on the basis that the plaintiff provided “factually-devoid discovery” responses, which indicates the plaintiff does not possess any evidence to support its claims.
“[A] moving defendant may rely on factually devoid discovery responses to shift the burden of proof pursuant to section 437c, subdivision (o)(2). Once the burden shifts as a result of the factually devoid discovery responses, the plaintiff must set forth the specific facts which prove the existence of a triable issue of material fact.” (Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590.)
The cross-defendant cites Exhibits I through M, which consists of approximately 40 pages. Although it does not offer citations to specific responses, a review of these Exhibits confirms the responses are factually devoid