Defendants Meta Housing Corp., Arroyo at Baker Ranch & Solari Enterprises, Inc.’s Motion for Summary Judgment and Summary Adjudication is DENIED. Defendants’ Objections to Plaintiffs Evidence: Nos. 1 to 23: Overruled.
Role of Pleadings:
“[T]he burden of a defendant moving for summary judgment only requires that he or she negate plaintiff's theories of liability as alleged in the complaint; that is, a moving party need not refute liability on some theoretical possibility not included in the pleadings.” Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 486, 493. (Emphasis original).
In the First and Second Causes of Action, Plaintiff alleged that “Defendants negligently, carelessly and recklessly owned, entrusted, managed and maintained their premises as to allow a dangerous condition to exist.” (GN-1 & Prem. L-1). Plaintiff has been consistent in asserting this theory. The fact that there might be possible additional theory for products liability does not require granting sum
Hearing Date
March 03, 2021
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Defendants Meta Housing Corp., Arroyo at Baker Ranch & Solari Enterprises, Inc.’s Motion for Summary Judgment and Summary Adjudication is DENIED. Defendants’ Objections to Plaintiffs Evidence: Nos. 1 to 23: Overruled.
Role of Pleadings:
“[T]he burden of a defendant moving for summary judgment only requires that he or she negate plaintiff's theories of liability as alleged in the complaint; that is, a moving party need not refute liability on some theoretical possibility not included in the pleadings.” Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 486, 493. (Emphasis original).
In the First and Second Causes of Action, Plaintiff alleged that “Defendants negligently, carelessly and recklessly owned, entrusted, managed and maintained their premises as to allow a dangerous condition to exist.” (GN-1 & Prem. L-1). Plaintiff has been consistent in asserting this theory. The fact that there might be possible additional theory for products liability does not require granting sum