2. CV61028 Calin Smith, et al. v. Heidi Cortopossi, et al.
Motion: Motion for (1) Summary Adjudication as to Plaintiffs’ Causes of Action for Trespass and Declaratory Relief; and (2) Summary Adjudication upon Defendant Heidi Cortopossi’s Sixteenth and Seventeenth Affirmative Defense
Moving parties: Plaintiffs
Motion filed: October 5, 2018
Tentative ruling: The motion is DENIED.
Analysis
Plaintiffs’ motion for summary adjudication is denied because they have not met their initial burden. As to the first cause of action for trespass and the fifth cause of action for injunctive relief, Plaintiffs have not proved each element of the causes of action. For example, Plaintiffs have not provided the Court with undisputed, material facts establishing Plaintiffs have been harmed . (see CACI 2000.) Harm is an element Plaintiffs must prove in both trespass and for injunctive relief. As to the request for summary adjudication of Defendant Heide Cortopassi’s sixteenth and seventeenth affirmati
Hearing Date
December 21, 2018
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2. CV61028 Calin Smith, et al. v. Heidi Cortopossi, et al.
Motion: Motion for (1) Summary Adjudication as to Plaintiffs’ Causes of Action for Trespass and Declaratory Relief; and (2) Summary Adjudication upon Defendant Heidi Cortopossi’s Sixteenth and Seventeenth Affirmative Defense
Moving parties: Plaintiffs
Motion filed: October 5, 2018
Tentative ruling: The motion is DENIED.
Analysis
Plaintiffs’ motion for summary adjudication is denied because they have not met their initial burden. As to the first cause of action for trespass and the fifth cause of action for injunctive relief, Plaintiffs have not proved each element of the causes of action. For example, Plaintiffs have not provided the Court with undisputed, material facts establishing Plaintiffs have been harmed . (see CACI 2000.) Harm is an element Plaintiffs must prove in both trespass and for injunctive relief. As to the request for summary adjudication of Defendant Heide Cortopassi’s sixteenth and seventeenth affirmati