MOVING PARTY: Cross-defendant Pacific MH Construction, Inc.
RESPONDING PARTY: Cross-complainant LB Villa Park, LLC
Motion for Summary Judgment
The court considered the moving, opposition, and reply papers.
BACKGROUND
On January 6, 2016, plaintiff Hugo Hernandez and Maria Hernandez filed a complaint against defendant LB Villa Park, LLC (“LB Villa Park”) for negligence, premises liability, and loss of consortium.
On February 17, 2016, plaintiffs filed a First Amended Complaint.
On March 3, 2016, defendant LG Villa Park filed a cross-complaint against Pacific Construction, Inc. for indemnity, equitable apportionment, and declaratory relief.
LEGAL STANDARD
The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of
Hearing Date
December 11, 2017
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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MOVING PARTY: Cross-defendant Pacific MH Construction, Inc.
RESPONDING PARTY: Cross-complainant LB Villa Park, LLC
Motion for Summary Judgment
The court considered the moving, opposition, and reply papers.
BACKGROUND
On January 6, 2016, plaintiff Hugo Hernandez and Maria Hernandez filed a complaint against defendant LB Villa Park, LLC (“LB Villa Park”) for negligence, premises liability, and loss of consortium.
On February 17, 2016, plaintiffs filed a First Amended Complaint.
On March 3, 2016, defendant LG Villa Park filed a cross-complaint against Pacific Construction, Inc. for indemnity, equitable apportionment, and declaratory relief.
LEGAL STANDARD
The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of