The Court intends to DENY Plaintiff Chase Bank, U.S.A.'s motion for summary judgment on the ground that Plaintiff has not proven its prima facie case for all claims alleged in the complaint. (C.C.P. § 437c(c).) Summary judgment is properly granted when no triable issue of material fact exists as to any cause of action and the moving party is entitled to judgment as a matter of law. (Ibid.) A party may move for summary adjudication as to one or more causes of action as an alternative to summary judgment. (§ 437c(f)(2).) However, summary adjudication of a cause of action cannot be granted where the only motion noticed for hearing is for summary judgment. (Gonzales v. Superior Court (1987) 189 Cal.App.3d 1542, 1545.)
Here, the complaint alleges claims for (1) breach of contract, and (2) open book account. Plaintiff moves for summary judgment on the ground that it "waives" the breach of contract claim for purposes of this motion, thus allowing it to prevail on the motion based on m
Hearing Date
October 27, 2010
Type
Rule 3.740 Collections
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The Court intends to DENY Plaintiff Chase Bank, U.S.A.'s motion for summary judgment on the ground that Plaintiff has not proven its prima facie case for all claims alleged in the complaint. (C.C.P. § 437c(c).) Summary judgment is properly granted when no triable issue of material fact exists as to any cause of action and the moving party is entitled to judgment as a matter of law. (Ibid.) A party may move for summary adjudication as to one or more causes of action as an alternative to summary judgment. (§ 437c(f)(2).) However, summary adjudication of a cause of action cannot be granted where the only motion noticed for hearing is for summary judgment. (Gonzales v. Superior Court (1987) 189 Cal.App.3d 1542, 1545.)
Here, the complaint alleges claims for (1) breach of contract, and (2) open book account. Plaintiff moves for summary judgment on the ground that it "waives" the breach of contract claim for purposes of this motion, thus allowing it to prevail on the motion based on m