Before the Court are cross-motions for summary judgment. Plaintiffs Matthew J. Matson and Matson SDRE Group, LLC contends that they are entitled to summary judgment on their cause of action for rescission and restitution. Defendants S.B.S. Trust Deed Network and Bank of Southern California, N.A. contend that plaintiffs have failed to establish the elements for rescission and restitution, or for declaratory relief.
"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; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.
At issue in this action is plaintiffs' alleged mistake that Mr. Matson thought the Deed of Trust he purchased at the foreclosure s
Hearing Date
May 10, 2018
Category
Civil - Unlimited
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Before the Court are cross-motions for summary judgment. Plaintiffs Matthew J. Matson and Matson SDRE Group, LLC contends that they are entitled to summary judgment on their cause of action for rescission and restitution. Defendants S.B.S. Trust Deed Network and Bank of Southern California, N.A. contend that plaintiffs have failed to establish the elements for rescission and restitution, or for declaratory relief.
"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; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.
At issue in this action is plaintiffs' alleged mistake that Mr. Matson thought the Deed of Trust he purchased at the foreclosure s