Judge: Elaine W. Mandel, Case: 22SMCV02363, Date: 2023-09-29 Tentative Ruling

Case Number: 22SMCV02363    Hearing Date: September 29, 2023    Dept: P

Tentative Ruling

Lateral Link Group, Inc. v. Gerard Fox Law P.C., Case No. 22SMCV02363

Hearing Date September 29, 2023

Plaintiff Lateral Link Group’s Motion for Summary Judgment (UNOPPOSED)

Attorney recruiting firm plaintiff Lateral Link alleges defendant Gerard Fox Law failed to pay fees incurred and moves for summary judgment. The motion is not opposed.

A plaintiff fulfills his or her initial burden on summary adjudication or judgment by proving each element of the relevant cause of action. Cal. Code of Civ. Proc. §437c(p)(1). The burden then shifts to defendant to show a genuine issue of fact as to one or more elements or an affirmative defense. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.

Lateral Link contracted with Gerard Fox to find an attorney for employment, place a candidate at Gerard Fox, invoiced Gerard Fox for its services, and Gerard Fox failed to pay. Doustar declaration ¶¶1-7. Lateral Link provides a copy of the invoice and email exchange with Gerard Fox, which acknowledges the validity of the invoice and promises to pay. Doustar exhs. 2-3. This is sufficient to carry Lateral Link’s initial summary judgment burden. Since there is no opposition, Gerard Fox does not meet its burden, and summary judgment is GRANTED.