G8 Development vs Community Development

Case No.: 37-2015-00030154-CU-BC-NC    

Defendant City of Vista's motion for summary judgment or, in the alternative, summary adjudication is granted.

The City's request for judicial notice is granted.

The City's objection to Plaintiff's separate statement is overruled. Plaintiff is not required to comply with rule 3.1350(b) of the California rules of Court because Plaintiff is not seeking summary adjudication. Further, although the separate statement does not comply with rules 3.1350(f)(3) and (h) of the California Rules of Court, the Court chooses to exercise its discretion and will consider the merits of the motion. See Parkview Villas Assn., Inc. v. State Farm Fire & Casualty Co. (2005) 133 Cal.App.4th 1197, 1212-13.

The Court declines to rule on Defendant's objections asserted in the reply separate statement. There is no authority for the filing of such a document. See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252. Moreover, while the separate statement ma........