Judge: Barbara M. Scheper, Case: 21STCV32909, Date: 2023-06-22 Tentative Ruling

Case Number: 21STCV32909    Hearing Date: June 22, 2023    Dept: 30

Dept. 30

Calendar No. 

Lucich vs. Kwok, et. al., Case No. 21STCV31909

Tentative Ruling re:  Defendant’s Motion for Summary Judgment, or in the alternative, Summary Adjudication of Issues

                Defendant Edgar Olivares (Olivares) moves for summary judgment or summary adjudication against Plaintiff Matthew Lucich (Plaintiff). The motion is denied.

As was the case with the Kwok motion for summary judgment, Defendant’s Separate Statement does not comply with statutory and formatting requirements. Defendant’s Separate Statement fails to “set[ ] forth plainly and concisely all material facts that the moving party contends are undisputed.” (Code Civ. Proc., § 437c, subd. (b)(1); Rules of Court, rule 3.1350, subd. (d)(2) [“The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion.”].) A significant number of the material facts listed in the Separate Statement are clearly immaterial or are not facts at all. The Separate Statement also fails to properly identify the issues for determination; while Defendant’s Notice of Motion lists eight issues for summary adjudication, Defendant’s Separate Statement identifies thirty three separate issues. The Separate Statement is so deficient as to prevent Plaintiff and the Court from meaningfully evaluating Defendant’s argument.