Defendant, Berberian European Motors, LLC (“Berbarian”), has filed a motion for summary judgment/adjudication against the First Amended Complaint filed by Plaintiff, James Jurand. After due consideration of the written arguments and documentary evidence presented and for the reasons discussed below, Defendant’s motion for summary judgment is DENIED and that Defendant’s motion for summary adjudication is DENIED as to each cause of action
I. EVIDENTIARY RULINGS
Plaintiff’s Request for Judicial Notice is GRANTED. (See Evidence Code, §452(c) [legislative acts of State].) Judicial notice, however, only serves to establish the existence of the document and what it states; it does not establish the truth of the statements therein.
Defendant’s Objection to the Declaration of Plaintiff is OVERRULED IN ITS ENTIRETY. The Court is required to broadly construe the evidence submitted by the opposing party who in this case is Plaintiff. (Hanson v. Gorde (1999) 76 C.A.4th 601, 603-604.) Plaintiff’
Hearing Date
April 05, 2021
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Defendant, Berberian European Motors, LLC (“Berbarian”), has filed a motion for summary judgment/adjudication against the First Amended Complaint filed by Plaintiff, James Jurand. After due consideration of the written arguments and documentary evidence presented and for the reasons discussed below, Defendant’s motion for summary judgment is DENIED and that Defendant’s motion for summary adjudication is DENIED as to each cause of action
I. EVIDENTIARY RULINGS
Plaintiff’s Request for Judicial Notice is GRANTED. (See Evidence Code, §452(c) [legislative acts of State].) Judicial notice, however, only serves to establish the existence of the document and what it states; it does not establish the truth of the statements therein.
Defendant’s Objection to the Declaration of Plaintiff is OVERRULED IN ITS ENTIRETY. The Court is required to broadly construe the evidence submitted by the opposing party who in this case is Plaintiff. (Hanson v. Gorde (1999) 76 C.A.4th 601, 603-604.) Plaintiff’