Judge: Daniel M. Crowley, Case: 23STCV03788, Date: 2024-02-01 Tentative Ruling

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Case Number: 23STCV03788    Hearing Date: February 1, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendants Edwin Kawasaki’s, Steve Radell’s, William Miller’s, William Janson’s, Lois Evans’, Caj Brejtfus’, and Carl Shaff’s (deceased) motion for summary adjudication of pro per Plaintiff Wesley Robbins’ 1st, 2nd, 4th, 5th, 7th, 12th, and 15th causes of action in his first amended complaint is denied. 

Defendants Edwin Kawasaki (“Kawasaki”), Steve Radell (“Radell”), William Miller (“Miller”), William Janson (“Janson”), Lois Evans (“Evans”), Caj Brejtfus (“Brejtfus”), and Carl Shaff (deceased) (“Shaff”) (collectively, “Moving Defendants”) move for summary adjudication of pro per Plaintiff Wesley Robbins’ (“Robbins”) (“Plaintiff”) 1st, 2nd, 4th, 5th, 7th, 12th, and 15th causes of action in his first amended complaint.[1]  (Notice Motion, pgs. 2-3.)

CRC Violations

CRC, Rule 3.1350(d) provides that when multiple causes of action, issues or defenses are presented for summary adjudication in one motion, each cause of action, issue or defense to which the motion is directed must have a separate section heading indicating the issue number and specifying the issue. The headings must be followed by two columns.  (CRC, Rule 3.1350(d); see CRC, Rule 3.1350(h) [illustrating format for separate statements in a motion for summary adjudication].)  Failure to comply with the requirements for filing a separate statement may in the trial judge’s discretion constitute a sufficient ground for denial of the motion.  (C.C.P. §437c(b)(1).)

Moving Defendants’ separate statement is in violation of CRC, Rule 3.1350(d) because it fails to identify each cause of action in its separate statement for its motion for summary adjudication.  Accordingly, Moving Defendants’ motion for summary adjudication is denied on the basis its separate statement is defective.

Conclusion

Moving Defendants’ motion for summary adjudication of the 1st, 2nd, 4th, 5th, 7th, 12th, and 15th causes of action is denied. 

Moving Party to give notice.

Dated:  February _____, 2024