Tentative ruling issued by Judge Roger Ross on Jun. 28, 2019 in San Joaquin County, CA - Case no: xxxxx552

17-9552 Munk MSJ 2 7/1/2019

Defendant Honker Cut Marine, Inc. moves for Summary Judgment, or in the alternative, Summary Adjudication, against Plaintiff Christian Munk. Having read and considered the motion, opposition, reply, and supplemental briefing, the court issues the following tentative ruling:

Plaintiff’s Complaint sets forth three causes of action: (1) negligence, (2) breach of oral contract, and (3) breach of bailment.

The court rules as follows as to Plaintiff’s objections to Defendant’s evidence:

All objections to facts undisputed by Plaintiffs are overruled as moot. Plaintiff’s remaining objections are also overruled. So far as the court can determine, Plaintiff is objecting to the stated fact itself, not directly to the evidence supporting that stated fact. If a stated fact is not supported by the evidence cited, the lack of support does not make the underlying evidence inadmissible. The solution is to present contrary evidence,….....