The Motion for Summary Judgment/Adjudication brought by plaintiff City of San Marcos (City) is GRANTED. The City's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452. This matter has been properly noticed, with proof of service on file. No opposition has been filed. Generally, failure to file and/or serve an opposition constitutes an admission that a motion is meritorious. (Rooney v. Vermont Inv. Corp. (1973) 10 Cal.3d 351, 367; see, generally, California Rules of Court, rule 8.54(c) (appellate rule that "[a] failure to oppose a motion may be deemed a consent to the granting of the motion.").) However, on summary judgment, there are two burdens to be met in order to succeed on the motion – a burden of production and burden of persuasion. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 861.) The burden of production generally requires the moving party to establish enough evidence to make a prima facie case. (Id.) If the moving party meets that initial burden, t
Hearing Date
June 20, 2019
Category
Civil - Unlimited
Type
Misc Complaints - Other
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The Motion for Summary Judgment/Adjudication brought by plaintiff City of San Marcos (City) is GRANTED. The City's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452. This matter has been properly noticed, with proof of service on file. No opposition has been filed. Generally, failure to file and/or serve an opposition constitutes an admission that a motion is meritorious. (Rooney v. Vermont Inv. Corp. (1973) 10 Cal.3d 351, 367; see, generally, California Rules of Court, rule 8.54(c) (appellate rule that "[a] failure to oppose a motion may be deemed a consent to the granting of the motion.").) However, on summary judgment, there are two burdens to be met in order to succeed on the motion – a burden of production and burden of persuasion. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 861.) The burden of production generally requires the moving party to establish enough evidence to make a prima facie case. (Id.) If the moving party meets that initial burden, t