The Motion (ROA # 353, 405, 424, 449) of Defendants Monster Beverage Corporation and Monster Energy Company ("Defendants"), pursuant to Civil Code section 1781, subdivision (c)(3) and Code of Civil Procedure section 437c, subdivisions (a) and (f)(1), for summary judgment or, in the alternative, summary adjudication of each cause of action of the First Amended Complaint ("FAC") of Plaintiffs MARY KRINSK (dismissed), MAYAN MOONEY and CHAYLA CLAY, individually and on behalf of all others similarly situated ("Plaintiffs"), is DENIED.
Evidence of Deception and Reliance
The party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850. If the moving party carries this burden of production it shifts, and the opposing party is then subjected to a burden of production of his or her own to make a prima facie showing of the existence of
Hearing Date
July 31, 2017
Category
Civil - Unlimited
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The Motion (ROA # 353, 405, 424, 449) of Defendants Monster Beverage Corporation and Monster Energy Company ("Defendants"), pursuant to Civil Code section 1781, subdivision (c)(3) and Code of Civil Procedure section 437c, subdivisions (a) and (f)(1), for summary judgment or, in the alternative, summary adjudication of each cause of action of the First Amended Complaint ("FAC") of Plaintiffs MARY KRINSK (dismissed), MAYAN MOONEY and CHAYLA CLAY, individually and on behalf of all others similarly situated ("Plaintiffs"), is DENIED.
Evidence of Deception and Reliance
The party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850. If the moving party carries this burden of production it shifts, and the opposing party is then subjected to a burden of production of his or her own to make a prima facie showing of the existence of