MOTION FOR SUMMARY JUDGMENT

Set for hearing on Friday, January 9, 2009, line 8, DEFENDANT PLANT INSULATION COMPANY'S MOTION FOR SUMMARY JUDGMENT. THE MOTION FOR SUMMARY ADJUDICATION IS GRANTED AS TO THE CLAIMS FOR FALSE REPRESENTATION, OWNER/CONTRACTOR LIABILITY, AND PUNITIVE DAMAGES. DEFENDANT SHIFTED THE BURDEN OF PRODUCING EVIDENCE WHEN PLAINTIFF'S DEPOSITION TESTIMONY AND RESPONSES TO SPECIAL INTERROGATORIES ARE CONSIDERED. PLAINTIFF HAS PROVIDED NO BASIS FOR THE COURT TO CONCLUDE THAT PLAINTIFF'S RECOLLECTION WAS REFRESHED AFTER HIS DEPOSITION. THE MOTION IS CONTINUED TO JANUARY 22, 2009 FOR DEFENDANT TO BE GIVEN THE OPPORTUNITY TO DEPOSE MR. MUHILLY, GIVEN THAT PLAINTIFF PREVIOUSLY DECLINED TO PRODUCE HIM FOR A DEPOSITION. CALVILLO'S TESTIMONY IN A PRIOR CASE IS NOT ADMISSIBLE IN CONNECTION WITH THIS MOTION. =(302/PJM/VC)