WOODSEY VS. SITEWORKS

Case No.: MSC18-01472    

HEARING ON MOTION FOR SUMMARY ADJUDICATION

FILED BY NORA WOODSEY, JACOB WOODSEY

* TENTATIVE RULING: *

This is a construction dispute involving a substantial landscaping job. Plaintiffs, the customers, pleaded five causes of action against defendant, the landscaping contractor. They now move for summary adjudication on all five (though not for summary judgment as such). The motion is denied. The Court will discuss each cause of action in turn. But the basic reason for denial is the same for all five: There is no attempt to provide serious evidence of damages, let alone to show that the amount of damages is established to a summary-judgment standard. In a nutshell, these are what may be called “liability-only” summary adjudication motions. Such motions are flatly impermissible under California summary judgment procedures. Form of Plaintiffs’ Papers

A word is in order at the outset about plaintiffs’ moving papers, the unprofess........