Defendant’s (Blower Dempsay Corp. dba Pacific Western Container) Motion for Summary Judgment and/or Summary Adjudication (Motion), filed on 12-11-18 is GRANTED.
The court GRANTS Defendant’s Request for Judicial Notice pursuant to Evidence Code section 452, subdivision (d).
As to Defendant’s Objections, filed on 7-11-19, the court SUSTAINS Objection Nos. 18 and 19 as described in ruling on Issue No. 1. The court OVERRULES the remaining objections as immaterial. (Code Civ. Proc., § 437c, subd. (q).)
The court does not consider the supplemental evidence submitted with Defendant’s Reply to Plaintiff’s Opposition, filed on 7-11-19. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537.)
Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a compl
Hearing Date
July 16, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant’s (Blower Dempsay Corp. dba Pacific Western Container) Motion for Summary Judgment and/or Summary Adjudication (Motion), filed on 12-11-18 is GRANTED.
The court GRANTS Defendant’s Request for Judicial Notice pursuant to Evidence Code section 452, subdivision (d).
As to Defendant’s Objections, filed on 7-11-19, the court SUSTAINS Objection Nos. 18 and 19 as described in ruling on Issue No. 1. The court OVERRULES the remaining objections as immaterial. (Code Civ. Proc., § 437c, subd. (q).)
The court does not consider the supplemental evidence submitted with Defendant’s Reply to Plaintiff’s Opposition, filed on 7-11-19. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537.)
Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a compl