Judge: Eddie C. Sturgeon, Case: 37-2018-00034229-CU-BC-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 02, 2024

01/03/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2018-00034229-CU-BC-CTL RAZUKI VS MALAN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 09/15/2023

Defendants' request for judicial notice is granted. (ROA 2516.) The court concurs with the parties that the ninth and tenth causes of action are moot. The court will hear from the parties on the following questions: 1. Why should the court accept the Razuki Declaration when it is only signed by counsel under power of attorney? Is there any authority for the admissibility of such a declaration and why was his actual signature not obtained? 2. The court cannot find any allegation of joint venture between Razuki and Hakim in the FAC. Can Plaintiff point to anything in the FAC to support its argument? Even if the court were to accept that allegations of joint venture are within the FAC and triable issues of fact remain regarding whether a joint venture existed, would not the explicit written terms of the Roselle and MEP Operating Agreements supersede the terms of any such joint venture? Calendar No.: Event ID:  TENTATIVE RULINGS

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