Motion for Summary Judgment
The motion for summary judgment by defendant Hunt Farms LLC is DENIED on the ground that defendant has not met its initial burden on this motion. A defendant moving for summary judgment has the initial burden of showing that one or more elements of a cause of action cannot be established or that there is a complete defense to the cause of action. The Court notes that the complaint asserts thirteen causes of action. Defendant’s memorandum of points and authorities raises several arguments, including: (a) the affirmative defense of consent, (b) the affirmative defense of assumption of risk, (c) plaintiffs’ lack of evidence to support elements of breach of duty, intentional conduct, intent to defraud, breach of an express or implied warranty, and (d) insufficient evidence to support a punitive damages claim. The Court also notes defendant’s separate statement of undisputed material facts does not comply with the requirements of Code of Civil Procedure section 4
Hearing Date
January 26, 2019
Type
(42): Unlimited Other Complaint
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Motion for Summary Judgment
The motion for summary judgment by defendant Hunt Farms LLC is DENIED on the ground that defendant has not met its initial burden on this motion. A defendant moving for summary judgment has the initial burden of showing that one or more elements of a cause of action cannot be established or that there is a complete defense to the cause of action. The Court notes that the complaint asserts thirteen causes of action. Defendant’s memorandum of points and authorities raises several arguments, including: (a) the affirmative defense of consent, (b) the affirmative defense of assumption of risk, (c) plaintiffs’ lack of evidence to support elements of breach of duty, intentional conduct, intent to defraud, breach of an express or implied warranty, and (d) insufficient evidence to support a punitive damages claim. The Court also notes defendant’s separate statement of undisputed material facts does not comply with the requirements of Code of Civil Procedure section 4