Judge: Erick L. Larsh, Case: 2020-01167593, Date: 2023-07-20 Tentative Ruling

Defendants Craig Dawson and VeloAssist Partners, LLC’s motion for summary judgment/adjudication is DEEMED a motion for summary judgment only and DENIED. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193.)

A motion that seeks “summary adjudication on the complaint” without specifying any other claims/issues, is a motion for summary judgment. (See Notice of Motion & Motion, p. 2; Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 743-744 [“A motion for summary adjudication tenders only those issues or causes of action specified in the notice of motion, and may only be granted as to the matters thus specified.”]; Homestead Savings v. Superior Court (1986) 179 Cal.App.3d 494, 497-499 [same]; see also Cal. Rules of Court, rule 3.1350(b); United Community Church v. Garcin (1991) 231 Cal.App.3d 327, 333, superseded by statute on another ground [“the manner in which an issue is framed is critical” on a motion for summary adjudication].)

Defendants have failed to meet their initial burden to show the action has no merit, as plaintiff John Lepire has successfully objected to the subject 2013 and 2015 agreements attached to defense counsel’s declaration, upon which defendants’ motion relies. (See Code Civ. Proc., § 437c, subds. (a), (p)(2) [burden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 [same].)

Request for judicial notice. Defendants’ request for judicial notice is GRANTED. (See Evid. Code, § 452, subd. (d).)

Objections. Plaintiff’s objections (ROA No. 123) to the declaration of Darryl Meigs are all SUSTAINED. (See Evid. Code, §§ 403 [foundation]; 702 [personal knowledge]; see also Snider v. Snider (1962) 200 Cal.App.2d 741, 754.)

Moving party shall give notice.