The motion for summary judgment, filed by real party in interest Sunroad Nevada Enterprises, Inc. ("Sunroad Nevada"), is granted. The joinders are denied.
Preliminary Matters
The motion appears to have been untimely served. Code Civ. Proc., § 437c, subd. (a)(2) (motion must be served "at least 75 days" before the hearing); Code Civ. Proc., § 1010.6, subd. (a)(4)(B); Code Civ. Proc., § 12c (electronic service extends time by two court days, counting backward). Nonetheless, Sierra Club opposed the merits of the motion and did not raise the defect. Thus, the defect is waived. Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.
Sierra Club did not file a responsive separate statement but merely sets forth a "Statement of Relevant Facts," in its opposition. This failure could constitute a sufficient ground for granting the motion. Code Civ. Proc., § 437c, subd. (b)(3). Nonetheless, the Court simply considers the facts set forth in Sunroad Nevada's separate statement as undisputed.
The join
Hearing Date
June 06, 2019
Category
Civil - Unlimited
Type
Toxic Tort/Environmental
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The motion for summary judgment, filed by real party in interest Sunroad Nevada Enterprises, Inc. ("Sunroad Nevada"), is granted. The joinders are denied.
Preliminary Matters
The motion appears to have been untimely served. Code Civ. Proc., § 437c, subd. (a)(2) (motion must be served "at least 75 days" before the hearing); Code Civ. Proc., § 1010.6, subd. (a)(4)(B); Code Civ. Proc., § 12c (electronic service extends time by two court days, counting backward). Nonetheless, Sierra Club opposed the merits of the motion and did not raise the defect. Thus, the defect is waived. Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.
Sierra Club did not file a responsive separate statement but merely sets forth a "Statement of Relevant Facts," in its opposition. This failure could constitute a sufficient ground for granting the motion. Code Civ. Proc., § 437c, subd. (b)(3). Nonetheless, the Court simply considers the facts set forth in Sunroad Nevada's separate statement as undisputed.
The join