Fidelity Roofing Company:
This matter is on calendar for Fidelity Roofing Company’s (“Defendant”) motion for summary adjudication of the first cause of action for breach of contract, third cause of action for breach of implied warranty, fourth cause of action for breach of express warranty, and fifth cause of action for breach of contract as a third party beneficiary in Lynmar Winery, LLC’s (“Plaintiff”) complaint. Defendant brings this motion pursuant to Code of Civil Procedure section 437c and on the grounds that Plaintiff cannot establish one or more elements of each cause of action challenged. Specifically, Defendant argues that Plaintiff’s first, third and fourth causes of action are barred as a matter of law because Plaintiff cannot establish that a contract existed between Plaintiff and Defendant, which is a necessary element for all these causes of action. Additionally, Defendant argues that Plaintiff’s fifth cause of action is barred as a matter of law because Plaintiff cannot