Defendants’ Motion for Summary Adjudication DENIED.
Any party may move for summary judgment or adjudication. Code of Civil Procedure section 437c(a), (f). For summary adjudication, each issue must entirely dispose of one or more 1) causes of action, 2) claims for punitive damages, 3) affirmative defenses, or 4) issues of duty. Code of Civil Procedure section 437c(f)(1).
When a defendant moves for summary adjudication as to a cause of action, it has the burden of first making a prima facie showing that plaintiff cannot establish at least one element of any cause of action, or there is a complete defense to the cause of action. Code of Civil Procedure section 437c(f)(1), (o); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.
A defendant can show that an element cannot be established only if its undisputed facts negate plaintiff’s allegations as a matter of law and would make it impossible for plaintiff to show a prima facie case. Brantley v. Pisaro (1996) 42 Cal.App.4th 1591,
Hearing Date
June 10, 2020
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Defendants’ Motion for Summary Adjudication DENIED.
Any party may move for summary judgment or adjudication. Code of Civil Procedure section 437c(a), (f). For summary adjudication, each issue must entirely dispose of one or more 1) causes of action, 2) claims for punitive damages, 3) affirmative defenses, or 4) issues of duty. Code of Civil Procedure section 437c(f)(1).
When a defendant moves for summary adjudication as to a cause of action, it has the burden of first making a prima facie showing that plaintiff cannot establish at least one element of any cause of action, or there is a complete defense to the cause of action. Code of Civil Procedure section 437c(f)(1), (o); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.
A defendant can show that an element cannot be established only if its undisputed facts negate plaintiff’s allegations as a matter of law and would make it impossible for plaintiff to show a prima facie case. Brantley v. Pisaro (1996) 42 Cal.App.4th 1591,