PLT Marijana Lucic Motion for Summary Judgment and/or Adjudication
The Motion for Summary Adjudication by Plaintiff Marijana Lucic is DENIED. Plaintiff’s motion is procedurally improper because it fails to contain a notice of motion and is not supported by a separate statement.
First, in order to move for summary adjudication, the party moving must specify in its notice of motion and motion the claim, causes of action, or issues it is moving on. CRC 3.1350(b). The court has no power to adjudicate others. Maryland Cas. Co. v. Reeder (1990) 221 Cal. App. 3d 961, 974 n. 4; Homestead Savings v. Superior Court (1986) 179 Cal. App. 3d 494, 498. In addition, CRC 3.1350(c) states that a motion for summary judgment and/or adjudication “must” contain and be supported by (1) Notice of motion by moving party; and (2) a separate statement of undisputed material facts in support of moving party’s motion. Here, no notice of motion has been filed with this motion for summary adjudication.
Second, ever