John Spar vs. Aernow Inc

Case No.: 56-2018-00510443-CU-CL-VTA    

Defendant Mark Schwartz moves for summary judgment on the complaint of plaintiff, John Spar. The motion is opposed.

Findings of Fact

For the purposes of this motion, the court makes these factual determinations: Defendant's proposed UMFs No. 1-5, 7, 8, 10, 11, and 13 are undisputed. Defendant's proposed UMF No. 14 is disputed but nevertheless established. Defendant's proposed UMFs No. 6, 9 and 12 are disputed but not established. Discussion

The process for the determination of a motion for summary judgment is set forth in Code of Civil Procedure section 437c as interpreted in Aguilar v Atlantic Richfield Co. (2001) 25 Cal.4th 826. It involves three steps:

First, the party moving for summary judgment always bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. Thus, in defendant's motion for summary judgment, he bears the burden of persuading the........